On page 3 in the Attorney General's statement he said, and I quote:

According to a Jackson newspaper during the Coleman's term in office the State sovereignty commission dwindled to virtually nothing.

Then a statement that has been prepared by the Washington Human Rights project, which I will be very happy to have inserted into the record and provided for the chairman and members. We have here a quotation:

An additional impediment to the fulfillment of constitutional rights are found in chapter 253 of the general laws of Mississippi, an act to prohibit the fomenting of litigation by making it unlawful to donate or receive funds for the purpose of filing or prosecuting lawsuits. This legislation was aimed at the legal defense fund of the NAACP and other organizations seeking to confirm by lawsuit the constitutional rights of Negro citizens.

Then the Attorney General mentioned a little further on in the same page that

In 1958 the White Citizens Councils brought stronger pressure to purge the State schools of textbooks which taught that prejudice is wrong. Governor Coleman refused to bend to this pressure. For this he was severely criticized by a State judge who also happened to be a politically powerful leader in the White Citizens Councils.

And yet from the newspaper in Mississippi, the Clarion Ledger, on November 21, 1958, I quote:

The Governor, J. P. Coleman, promised Thursday that Mississippi would maintain segregation despite the efforts of his political enemies who agitate to improve their political chances. We are going to keep the schools in Mississippi open, and we are going to operate them on a segregated basis. Coleman also announced the State textbook commission has completed work on the list of books approved for high school use during the next 4 years. Coleman, a member of the five-man group, said, "We have done our best to select the very best books available and have carefully checked them all as to content."

And then continuing the newspaper article:

Before the group of books went before the group, every man was examined by a committee of teachers who screened out material that might be construed as for integration.

In addition to that, in 1956 the Governor signed into law chapters 273 and 288 of the general laws of the State of Mississippi, "Acts confirming a steadfast policy of racial segregation in the State's public schools in repealing the State's compulsory education laws so as to be able to close individual schools within the State if required to desegregate by Federal court orders."

The distinguished Attorney General also said in his statement that: When during this same period other Governors of Southern States proposed banning the NĂACP, Governor Coleman disapproved.

I will only refer to my original statement here in which chapter 253 of the Mississippi general laws were enacted for the ostensible purpose of attempting to make unlawful the donation of funds for the purpose of prosecuting lawsuits brought by the NAACP.

On page 4 of the Attorney General's statement in the third paragraph he said that:

Coleman was to announce shortly thereafter his candidacy for the governorship. Yet he did not hestitate to lead the opposition to the Barnett proposal in the legislature.

Which proposal indicated in the previous paragraph:

A few days after the riots there, Governor Barnett recommended that the Mississippi House of Representatives investigate the violence at "Ole Miss."

But yet in the Clarion Ledger, which is hardly known as an integrationist-inclined newspaper in that great State, it was reported that the former Governor

Thursday night promised that there will be no racial integration of public schools in Mississippi during the next 4 years if he gets a second term in the Governor's office. There will be no necessity to abolish the public schools, he promised again Thursday, nor will there be any mixing of the races in none of the Statesupported educational institutions. This is no task for the amateur or hothead. "The people will remember Clennon King”—

and this is a direct quote of the Governor

"and where he landed," he said. "If you want your schools and colleges to remain open and to remain separate, then give me your vote, and I shall not betray your trust," he vowed. He said that he planned to be an able leader among the Southern States and recalled that he was unanimously elected a southern leader at the annual meetings of Governors in Chicago in 1956.

And finally, gentlemen, at the bottom of page 4 in the Attorney General's statement in the very last paragraph he said that:

In 1959 the Governor

that is Governor Coleman—

One

had invited the FBI to investigate the Mack Charles Parker lynching case. of his reasons was that "I want to emphasize that the constitution of the State of Mississippi requires me to take an oath that all violations of laws will be properly prosecuted."

And yet he is quoted from a paper in the State of Mississippi as saying:

It is true that I invited the FBI into the case, because under the Federal kidnaping statutes they would have come in anyway in 24 hours. Had I not invited the FBI, the NAACP would have been pounding on the doors of the Congress claiming that none other than the Governor of the State representing the sentiments of all the people was giving the lynchers a head start to conceal the crime and that he was doing whatever else he could to assist the lynchers.

Now, as you have probably been able to tell, I oppose the appointment of the honorable Governor to the Fifth Circuit Court of Appeals, and I hope to make it very clear that my opposition is not based on personal feelings because I have never had the honor of meeting Mr. Coleman and have had no dealings with him. But my opposition to his nomination is because very simply he is a dedicated and effective segregationist who has consistently used his great legal skills to subvert Federal court decisions and laws passed by Congress enforcing the constitutional guarantees of equal justice for all regardless of race. It is incredible to me that the architect of the Mississippi laws of the 1950's designed to thwart Federal civil rights legislation should now be appointed to the Federal court handling most of the crucial civil rights cases in this country. As Mr. Coleman stated in June 1959, "I am not entitled to be called a moderate," but instead claimed to be a "successful segregationist." In a phrase that Mr. Coleman much favors for describing himself, he is not an "amateur or a hothead," but instead a calculating legal technician adept at manipulating the judicial process in order to protect a racist social order.

Senator ERVIN. Just a minute, did Mr. Coleman say that about himself? I notice you have-in the phrase you say Mr. Coleman

much favors describing himself as a calculating legal technician adept at manipulating the judicial process in order to protect a racist social order.

Mr. CONYERS. No, sir, you would note perhaps, if I may call to your attention, that the quotations ended prior to that statement. Senator ERVIN. You say:

In a phrase that Mr. Coleman much favors for describing himself, he is not an "amateur or a hothead," but instead a calculating legal technician adept at manipulating the judicial process in order to protect a racist social order.

In reading that one would think you were quoting Governor Coleman all the time instead of interpolating or rather drawing your inference and conclusion. I think the reader would think you were attributing to Mr. Coleman a statement which you make instead of him.

Mr. CONYERS. I am sorry, sir. I did not mean to give that impression. Wherever I am quoting the Governor in my statement, they are surrounded-his statement is surrounded by quotation marks. Whenever I am not quoting him, then the language appears without quotation marks.

Senator ERVIN. Unfortunately the hearers do not have a copy of your statement and do not see your quotation marks.

Mr. CONYERS. As a Member of the Congress which has just passed an effective law guaranteeing the right to vote, I am very concerned that our southern Federal judges, particularly on the courts of appeal, be dedicated to the upholding of the U.S. Constitution and to equality for all men, regardless of color. But the most carefully drafted laws are meaningless if interpreted by judges opposed to them. Mr. Coleman has been quite successful at-and this is a quotation-"plowing around" the paramount rules of the United States, as he himself boasted in August 1963. Appointing him to the court which has such complete control over the Federal judiciary in the South and which is the court of last resort for most cases would make it incredibly easy for him.

My position has been well stated by the Southern Regional Council in a resolution passed at its 1964 meeting on November 20 and 21:

It is our strong conviction that only men of the highest professional competence and the fullest devotion to the declared principles of the Constitution should be charged with the judicial responsibility of enforcing Federal laws in the South. It is our further conviction that no appointment contrary to these qualifications, however strongly urged by State or congressional spokesmen, can satisfy the new politics of the South. In a situation where plain talk is desirable, we would report as plainly as we can that the progressive leadership of the South, both Negro and white, would find the appointment or promotion of any judge of well-authenticated segregationist views to be a severe blow to regional, national, and democratic interests.

Because of the time, with the chairman's permission I would only quote a few closing paragraphs in my statement because there are a number of other witnesses.

Senator ERVIN. I presume you would like for the entire statement to be incorporated in the record.

Mr. CONYERS. Yes, sir, I would.

Senator ERVIN. Let the record show, in the absence of any objection interposed at this time, that the entire statement of Congressman Conyers is all to be printed in full in the body of the record immediately after his remarks.

Mr. CONYERS. Thank you very much.

It seems to me that the crucial nature of this appointment is illustrated by the fact that the circuit court judge from a State normally sits as a member of the three-judge court considering the constitutionality of a State statute. Following that practice, Mr. Coleman will presumably sit as a member of the three-judge court which will very shortly rehear the case of U.S. v. Mississippi which tests the constitutionality of the very election laws supported and drafted by Mr. Coleman as attorney general and then Governor. It appears to me that the nominee has never been a dissembler or a trimmer. His political promises and campaign oratory have been reflected in his actions while in office. He has made it clear to all that he is a firm, consistent, and able advocate of racial segregation. The Supreme Court, the Congress, and the executive branch have all declared in the clearest possible terms that public racial segregation is unconstitutional and violates the spirit of American democracy. Surely we can no longer afford to appoint Federal judges who have demonstrated their fundamental disagreement with this view of the Constitution and who have used their talents, experience, and influence no matter how great those may be-to subverting Supreme Court decisions and the acts of Congress.

Now, I have a sheaf of perhaps even more representative statements than even the Attorney General on statements made by our nominee, some 29 pages, which I would ask the permission of the distinguished chairman to also incorporate in the record with my remarks.

Senator ERVIN. We will accept it as an exhibit and then it will be available in the committee files.

Mr. CONYERS. I think, Mr. Chairman, that essentially includes the thrust of my remarks with regard to this nomination. I am very honored that I could come before this subcommittee to make this presentation and support not only my position and members of the First Congressional District of the State of Michigan but, as indicated from the correspondence that I am receiving from people, Negro and white, from all walks of American life and throughout the entire country.

Thank you very much.

(Mr. Conyers' statement in full follows:)

STATEMENT OF CONGRESSMAN JOHN CONYERS, JR., FIRST DISTRICT, MICHIGAN

Mr. Chairman and members of the Senate Judiciary Committee, I strongly oppose the appointment of James P. Coleman to the Fifth Circuit Court of Appeals. Let me make it quite clear at the outset that my opposition is in no way based on personal feelings since I have never met Mr. Coleman nor have I ever had any dealings with him, directly or indirectly. I oppose his nomination because he is a dedicated and effective segregationist who has consistently used his great legal skills to subvert Federal court decisions and laws passed by Congress enforcing the constitutional guarantees of equal justice for all regardless of race. It is incredible to me that the architect of the Mississippi laws of the 1950's designed to thwart Federal civil rights legislation should now be appointed to the Federal court handling most of the crucial civil rights cases in this country. As Mr. Coleman stated in June 1959, "I am not entitled to be called a moderate," but instead claimed to be a "successful segregationist." In a phrase that Mr. Coleman much favors for describing himself, he is not an "amateur or a hothead,' but instead a calculating legal technician adept at manipulating the judicial process in order to protect a racist social order.

As a Member of the Congress which pass an effective law guaranteeing the right to vote, I am very concerned that our Southern Federal judges, particularly

on the courts of appeals, be dedicated to the upholding of the U.S. Constitution and to equality for all men, regardless of color. But the most carefully drafted laws are meaningless if interpreted by judges opposed to them. Mr. Coleman has been quite successful at "plowing around" the paramount rules of the United States, as he himself boasted in August 1963. Appointing him to the court which has such complete control over the Federal judiciary in the South and which is the court of last resort for most cases would make it incredibly easy for him.

My position has been well stated by the Southern Regional Council in a resolution passed at its 1964 meeting on November 20 and 21: "It is our strong conviction that only men of the highest professional competence and the fullest devotion to the declared principles of the Constitution should be charged with the judicial responsibility of enforcing Federal laws in the South. It is our further conviction that no appointment contrary to these qualifications, however strongly urged by State or congressional spokesmen, can satisfy the new politics of the South. In a situation where plain talk is desirable, we would report as plainly as we can that the progressive leadership of the South, both Negro and white, would find the appointment or promotion of any judge of well-authenticated segregationist views to be a severe blow to regional, national, and democratic interests."

It seems to me that the crucial nature of this appointment is illustrated by the fact that the circuit court judge from a State normally sits as a member of the three-judge court considering the constitutionality of a State statute. Following that practice, Mr. Coleman will presumably sit as a member of the three-judge court which will very shortly rehear the case of U.S. v. Mississippi which tests the constitutionality of the very election laws support and drafted by Mr. Coleman at attorney general and then Governor.

If the Mississippi political system does not permit anyone better than J. P. Coleman to be appointed to the fifth circuit it would be far better for that seat to remain vacant. The absence of a vote is far better than a vote to uphold racial segregation.

In 1959, Mr. Coleman asked that the people of Mississippi ignore the statements of his political enemies and just look at the record. Examining Mr. Coleman's record of public statements and actions as a public official is just what I have done for the past week. In order that no one should question the source of my evidence, I have exclusively used the past issues of the Jackson Clarion-Ledger which is the largest newspaper in the State of Mississippi and is designated by the legislature for the printing of official State notices. I feel sure the chairman will attest to the fact that the Clarion-Ledger is not an advocate of racial integration and so liable to pervert Mr. Coleman's statements.

I have grouped my excerpts from the Clarion-Ledger into three sections describing Mr. Coleman's general political position, his attitude toward the judicial process and an incident from his public record which shows his disregard for equal justice under law. Whenever possible I have used direct quotes of Mr. Coleman's. With me I have a thick sheaf of other quotations from the Clarion-Ledger which will prove that the quotations I have selected are not isolated examples.

J. P. COLEMAN: "SUCCESSFUL SEGREGATIONIST" NOT A "MODERATE" June 30, 1959 (excerpt from a television speech by Coleman): "I am well aware that a little handful of my political adversaries have tried to destroy my place in the affections of my fellow Mississippians by claiming that I am a 'moderate'. Apparently, these people cannot tell a moderate from a successful segregationist *** I ask you to ignore what they say and look at what the record *** I stand on a record of performance and I have delivered the goods. I am not entitled to be called a moderate, and I notice that none of my friends have called me that."

says

Much has been said about Mr. Coleman's endorsement of the Kennedy-Johnson ticket in 1960 as proof of his political moderation. I would first of all point out that Senators Eastland and Stennis supported the Kennedy-Johnson ticket and no one has ever claimed that they were moderates on the race issue. In fact Mr. Coleman has made it very clear why he supported the national Democratic Party ticket in 1960: "Coleman said rumored attempts to purge Eastland because Mississippi bolted the Democratic Party in the 1960 election was the main reason he supported the party ticket in that election" (June 12, 1963). And again on July 10, 1963: "We're sorry now for the things Kennedy has done, but we saved Senator Eastland's Judiciary Committee chairmanship and we're glad of that. That chairmanship is the major bulwark between us and Kennedy's civil rights bill."