There have been lynchings in Western States, Eastern States, and Mountain States.

According to the World Almanac, 1948, between 1882 to 1946, there were 4,716 known lynchings in the United States; 3,425 of these lynchings were Negro, 1,291 were white.

The number of lynchings by States from 1882 to 1946 follows:

Between 1900 and 1946 there were 1,967 known lynchings; 193 white and 1,780 Negro.

In 1947 there was only 1 known lynching, but there were 31 attempted lynchings.

In 1948 there was one generally recognized lynching but there were many border-line cases, among them the case of a war veteran killed by a mob because he dared to vote.

The lynch spirit still lives.

So long as any one individual is lynched or stands in fear of lynching, it seems to me, the duty of the representatives of the people is clear.

Justice that is discriminatory is not justice at all.

We have come very far in building an equitable society.

The belief that all men are equal and that there are certain inalienable human rights of security and freedom which the Government must guarantee for all has been a constant challenge to us as a people-gathered as we are from all parts of the earth with differences in language and custom and representing every race, color, and creed.

If today we still have discriminations and prejudices resulting in mob violence they are not products of, but rather challenges to-the American way of life.

I think we should meet this challenge by the prompt passage of a Federal antilynching bill.

The Gallup poll of July 2, 1947, inserted in the Congressional Record, July 8, 1947, shows that the majority of the people of the United States, in the North and South, want antilynching legislation.

An antitlynching bill is not only of importance nationally but internationally. Let us not forget that lynching is not onl a violation of the fourteenth amendment to the Constitution which guarantees justice and equality before the law for all citizens, but it is a violation of the law of nations.

The United Nations Charter, to which we are not only a party but which we helped write, states in articles 55 and 56:

"With a view to the creation of conditions of stability and well-being which are necessary for peaceful and friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, the United Nations shall promote universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion.

"All members pledge themselves to take joint and separate action in cooperation with the organization for the achievement of the purposes set forth in article 55."

Every lynching and every deprivation of human rights, on the basis of race, creed, or color in the United States, does incalculable damage to our prestige and moral leadership in world affairs.

The report of the President's Committee on Civil Rights has this to say on the subject:

"Our position in the postwar world is so vital to the future that our smallest actions have far-reaching effects. We have come to know that our own security in a highly interdependent world is inextricably tied to the security and wellbeing of all people and all countries. Our foreign policy is designed to make the United States an enormous, positive influence for peace and progress throughout the world. We have tried to let nothing, not even extreme political differences between ourselves and foreign nations, stand in the way of this goal. But our domestic civil-rights shortcomings are a serious obstacle,

"In a letter to the Fair Employment Practices Committee on May 8, 1946, the Honorable Dean Acheson, then Acting Secretary of State, stated that:

66 6*

* * the existence of discrimination against minority groups in this country has an adverse effect upon our relations with other countries. We are reminded over and over by some foreign newspapers and spokesmen, that our treatment of various minorities leaves much to be desired. While sometimes these pronouncements are exaggerated and unjustified, they all too frequently point with accuracy to some form of discrimination because of race, creed, color, or national origin. Frequently we find it next to impossible to formulate a satisfactory answer to our critics in other countries; the gap between the things we stand for in principle and the facts of a particular situation may be too wide to be bridged. An atmosphere of suspicion and resentment in a country over the way a minority is being treated in the United States is a formidable obstacle to the development of mutual understanding and trust between the two countries. We will have better international relations when these reasons for suspicion and resentment have been removed."

The lynching of Willie Earle in South Carolina, and the subsequent acquittal of the confessed lynchers evoked this type of response in London:

Daily Express: "Trial by fury * * * remains the unwritten law of America's South."

The Daily Mail said that the freeing of the lynchers revived "America's No. 1 problem-that of the attitude of the white to the Negro population."

Such news stories completely ignore the progress made.

At the time of the Emancipation Proclamation, 90 percent of the Negroes couldn't read and write. The Federal Census of 1940, showed that 18 out of 20 Negroes were literate.

Many States have moved toward complete equalization of educational opportunities. In the last 25 years, registration of Negro college students has increased 2,400 percent.

We find Negroes today in high Government positions-as judges in our courts, as leaders in industry, science, and government.

But this is not the story that makes news around the world.

People look to us as a land of freedom. They expect to find here justice, freedom, and equal opportunity.

It is just at that point where we fall short of achieving our ideals that our international prestige is undermined.

The Army which is charged with the defense of the Nation has this to say about prejudice which is the root cause of the kind of thinking which results in private and arbitrary violence:

QUOTE FROM ARMED FORCES TALK, DEPARTMENT OF THE ARMY

"Prejudice Endangers World Peace: The success of the United Nations and its aim of world peace and security depends a great deal upon how the United States solves its internal problems. The smaller nations of the world look to the United States for leadership. We cannot afford to lose their confidence. "Three-fourths of the people of the world are what we call 'colored.' These people naturally look to the treatment of our colored citizens to see what we really mean when we speak of democracy. Racial and religious prejudice alienates the confidence of the vast nonwhite populations as well as other peoples, 62936-50-ser. 18-17

thwarts their hopes and our hopes of peace and freedom, and ultimately creates the conditions from which future global wars can develop.

"How we treat minorities is, therefore, more than a matter of mere domestic concern. The mistreatment of some Mexicans in the United States echoes throughout North and South America; a race riot provokes discussions and resentments in Africa, the Philippines, and among the 800,000,000 nonwhite people in China and India.

"Throughout the world there are millions of people who believe that World War II was a total war against fascism and Fascist ideas. Their concept of peace includes the hope even the determination-that there will be no such thing as 'superior' and 'inferior' peoples anywhere in the world.

"The story of America is proof that there are no ‘superior' or 'inferior' people. Our country has been made great by people who came from every land under the sun."

I urge this committee to vote out effective antilynching legislation to keep faith with our own time-honored democratic tradition and with the young and growing United Nations.

With the committee's permission I should like to include several clippings from newspapers to which I made reference in the above.

(The clippings referred to are held by the committee as exhibits.)

STATEMENT OF THE AMERICAN JEWISH COMMITTEE IN SUPPORT OF THE PROPOSED CIVIL RIGHTS ACT OF 1949

The American Jewish Committee wishes to record its endorsement of the proposed Civil Rights Act of 1949, H. R. 4682, sponsored by Mr. Celler; and S. 1725, sponsored by Senator McGrath.

Since the American Jewish Committee was created by act of the New York State Legislature in 1906, it has sought to prevent infractions on the civil and religious rights of Jews and to expand and safeguard the civil and constitutional rights of all the inhabitants of our country. It has done so on the premise that an invasion of the rights of any American is a threat to all Americans.

On May 1, 1947, Dr. John Slawson, executive vice president of the American Jewish Committee, testified before the President's Committee on Civil Rights. He made several recommendations to strengthen and expand civil rights in the United States. These recommendations were substantially included in the ' report of the President's committee, To Secure These Rights. The American Jewish Committee is happy to see many of them now incorporated in the administration's civil-rights bills introduced by Mr. Celler and Senator McGrath.

I. ESTABLISHMENT OF A PERMANENT CIVIL RIGHTS COMMISSION

The President's Committee on Civil Rights stated: "In a democratic society, the systematic critical review of social needs and public policy is a fundamental necessity. This is especially true of a field like civil rights, where the problems are enduring and range widely. From our own effort we have learned that a temporary sporadic approach can never finally solve these problems." (To Secure These Rights, 154.)

Just as the Council of Economic Advisers, established by the Employment Act of 1946 (60 Stat. 24) fulfills a critical need for periodic and authoritative appraisal of national economic developments, so the President and the Nation need the advice and guidance of qualified specialists to review progress and appraise activities in the civil-rights field.

The President's Civil Rights Committee discovered "huge gaps in the available information about the field" and urged the establishment of a permanent commission to collect and collect data, to make periodic audits of the status of civil rights, and to serve as a clearinghouse and coordinating agency for the thousands of private, State, and local agencies working in this area.

The interest and concern of the American people in this subject is great; the fact that over 1,000,000 copies of the report of the President's committee were distributed is ample evidence of that interest. During the last few years there has been a truly astounding growth of official and private committees on unity, race relations councils, civil-rights committees, and other organizations concerned with eliminating the tensions and conflicts in our society, and increasing the harmony and understanding with which people live together.

At present, however, there does not exist a single agency of Government to coordinate and evaluate the programs of these many local groups, which involve the interest, time, and effort of several million people.

Under the proposed legislation, a permanent Civil Rights Commission consisting of five per diem members, appointed by the President by and with the advice and consent of the Senate, would be established in the executive branch of the Government. The Commission would be directed to gather authoritative information concerning the status of civil rights. It would appraise policies and programs of Federal, State, and local governments and the activities of private individuals and organizations in the civil-rights field. It would report annually or more frequently, if necessary, to the President.

The American Jewish Committee believes, however, that to do an effective job in this field, the proposed Commission should have certain powers not specified in these bills: The power to hold public hearings, to subpena witnesses, to administer oaths, and in other respects to gather evidence.

While it is true that the Commission could make a significant contribution to the field of civil rights without the power to gather unwilling evidence, it is equally clear that its contribution could be more significant if the Commission could also gather and evaluate evidence from unwilling source of information. The American Jewish Committee therefore recommends the amendment of S. 1725 and H. R. 4682 to vest these desirable powers and authorities in the Commission on Civil Rights. In this respect S. 1734, sponsored by Senator Humphrey, is a more effective bill and the attention of this committee is respectfully called to sections 5. 6. and 7 of Senator Humphrey's bill for the type of provisions that the American Jewish Committee would like to see incorporated in H. R. 4682 and S. 1725.

II. REORGANIZATION OF THE CIVIL RIGHTS ACTIVITIES OF THE DEPARTMENT

OF JUSTICE

In urging that the Civil Rights Section be raised to full divisional status in the Department of Justice, the President's Civil Rights Committee said: "We believe this step would give the Federal civil-rights enforcement program prestige, power, and efficiency that it now lacks" (To Secure These Rights, 152).

The Civil Rights Section of the Department of Justice established in 1939 by the then Attorney General (now Mr. Justice) Murphy, has at no time in its ten year history had as many as a dozen attorneys and professional workers on its staff. In fact, in this respect, the section is smaller than the civil rights divisions of a number of private agencies interested in safeguarding and expanding civil rights.

Without any independent investigative staff and without any public educational campaign to inform people of its existence and functions, the Civil Rights Section had received nearly 70,000 complaints charging violation of civil rights between 1939 and January 1, 1947. The Section had instituted 178 legal actions and had obtained 101 convictions (Clark, A Federal Prosecutor Looks at the Civil Rights Statutes (47 Col. Law Rev., 175, 181 (1947)).

The lack of size and status of the Civil Rights Section results in excessive caution in instituting cases and in frequent submission to the pressures and prejudices of local enforcement agencies. The Section has been compelled to pick and choose cases to be prosecuted, not on the basis of whether or not a Federal crime has been committed or the prosecution is likely to deter other would-be violators but on the basis of whether an “air-tight" case can be presented to the jury (Car, Federal Protection of Civil Rights, 129). While the American Jewish Committee does not urge the wholesale prosecution of alleged violators of our Federal civil rights statutes, it firmly believes that many clear violations go unpunished because the Civil Rights Section of the Department of Justice is not adequately equipped to investigate and prosecute wrongdoers.

Federal prosecution, even when it fails to convict, has a salutory effect. The use of the criminal sanction as a deterent for the population at large is perfectly illustrated by the technique of the Treasury Department which refers selected cases to the Department of Justice for prosecution. The Treasury Department does not wait for the "perfect cases." It refers those cases likely to encourage compliance with the law by the more than 100,000,000 taxpayers.

In addition, prosecution of civil rights cases, whether or not conviction results in 100 percent of the cases undertaken, would publicize the fact that the Department of Justice protects citizens against the invasion of their Federal rights by

autocratic, bigoted or vicious local authorities who sometimes break and incite others to break the very laws which they swear to uphold.

Another effect of the lack of size and prestige of the Civil Rights Section is the tendency to look to State and local enforcement authorities to prosecute civil rights violations under State statutes whenever possible. Violations of Federal civil rights laws are generally also violation of State statutes. However, civil rights cases, by their very nature are those in which the victim often enjoys little standing in the community (the Negro in the South, Jehovah's Witnesses in New England, Japanese-Americans on the west coast, or MexicanAmericans in the southwest). Local and State officials are loath to prosecute unpopular causes in their communities. Although the difficulty of securing an indictment or conviction is the same whether the jury, composed of local citizens, sits in the State or in the Federal district court, the Federal prosecutor is not as amenable to local pressure and prejudice as is the State prosecutor.

The Civil Rights Act of 1949 would raise the Civil Rights Section of the Department of Justice to the status of a division (of equal rank with the Claims Division or the Antitrust Division or the Lands Division) headed by an Assistant Attorney General. This division would concern itself with "all matters pertaining to the preservation and enforcement of civil rights secured by the Constitution and laws of the United States." In addition, the personnel of the Federal Bureau of Investigation would be increased and trained to the extent necessary to enable it efficiently to conduct investigations of civil rights cases.

Such a division with the specialized knowledge and experience required to prepare and present civil-rights cases would greatly strengthen the hand of the Federal Government in dealing with civil rights. Such a division would be equipped to cope with the difficulties which arise in all stages of a civil-rights case selection of the appropriate case, investigation of the facts, securing an indictment and presentation to the court and jury (Carr, Federal Protection of Civil Rights, 121, 150).

In connection with training FBI agents to handle civil-rights cases, the President's Committee on Civil Rights said: "The creation of such a unit of skilled investigators would enable the FBI to render more effective service in the civil-rights field than is now possible. In some instances, its agents have seemingly lacked the special skills and knowledge necessary to effective handling of civil-rights cases, or have not been readily available for work in this area" (To Secure These Rights, 153).

With all due credit to the FBI for its remarkable successful record, the Presdent's committee found that upon occasions investigations in the very difficult and highly specialized area of civil rights have not measured up to the Bureau's high standard. Apparently the FBI has sometimes found it burdensome and difficult to undertake the numerous civil-rights investigations requested by the Civil Rights Section. Investigations have not always been as full and as thorough as the needs of the situation warranted. FBI investigations are also occasionally handicapped by the tendency of the Bureau to work closely with local police officers who might themselves be under suspicion. In several cases, victims and witnesses, often weak or frightened people, have been unwilling to cooperate with Federal agents known to work closely with police officers (To Secure These Rights, 123).

III. ESTABLISHMENT OF A JOINT CONGRESSIONAL COMMITTEE ON CIVIL RIGHTS

The President's Committee on Civil Rights said: "A standing committee, established jointly by the House and the Senate would provide a central place for the consideration of proposed legislation" (To Secure These Rights, 155). Through such a joint committee, Congress would establish and maintain continuous liaison with the Civil Rights Commission in the executive branch and would develop expertness in evaluating and drafting legislative proposals to deal with the complex and intricate problems in the field of civil rights.

An enormous and growing number of civil-rights bills are introduced into the congressional hopper each year. Some of the bills are sound, others are unsound; some are necessary, others are probably unessential. A standing committee of Congress to which all civil-rights bills could be referred would quickly develop the knowledge and expertness necessary to separate the sound from the unsound, the essential from the unessential.

The Civil Rights Act of 1949 would establish a joint committee consisting of seven Members of each House to make "A continuous study of matters relating to civil rights including the rights, privileges, and immunities secured and pro