as "antilynching" bill, introduced by the honorable Senators Costigan and Wagner; and be it further Resolved, That a copy of these resolutions be sent to each of the New Jersey Representatives in Congress and the Senate. 103 Warren Street, Newark, N.J. JOHN M. STOUTE, Secretary. Hon. FREDERICK VAN NUYS, ATLANTA, GA., February 16, 1934. Chairman Subcommittee on the Judiciary, Washington, D.C. MY DEAR SENATOR VAN NUYS: I had agreed with the sponsors of the CostiganWagner bill to be present at the hearing on February 15. When the date of the hearing was changed I found it impossible to appear personally. I am, therefore, filing this statement. For the past 10 years I have been associated with a group of other southern citizens in an organized effort to rid the South of lynching. The most discouraging experience in connection with this effort has been the failure of the local courts to indict and convict members of mobs. Since 1900 there have been 1,930 persons lynched. In only 14 cases have there been convictions, this in spite of the fact that in a majority of the lynchings the identity of the mob members was known. Court officials and responsible local citizens simply would not take the steps necessary to secure convictions. A possible remedy for this situation would have been for each of the States involved to enact special legislation to remove automatically such cases from the jurisdiction of local courts and fix responsibility for their disposition on a judicial body not controlled by local sentiment. One or two States have passed remedial legislation of this type, but the majority of State legislatures have failed to do so. Of course, Negroes have been the greatest sufferers at the hands of mobs. In most of the communities where Negroes have been lynched. Negro citizens are without political power through which they might protect themselves. In view of this situation the Federal Government has an inescapable responsibility, and must take such steps as will give protection to the life of every citizen, and will give assurance that when life has been taken by a mob, an honest effort will be made to punish those who are guilty. The passage of some such measure as the Costigan-Wagner bill would be a step in meeting this responsibility on the part of the Federal Government. The position taken in this letter is personal and in no way represents an official statement from any organization with which I am connected. Very sincerely, Senator FREDERICK VAN NUYS: WILL W. ALEXANDER. NEW YORK, N.Y., February 19, 1934. Regret heavy cold prevents personal appearance before committee. Personally regard Wagner-Costigan bill urgent necessity in curbing mob violence in this country. Believe Negroes unite in desiring it, and regard significant that enlightened white South as well as North urges passage of bill. Confidently expecting favorable report from your committee and ultimate passage. C. H. TOBIAS, National Council Y.M.C.A. DENVER, COLO., January 21, 1934. RESOLUTIONS ON THE COSTIGAN-WAGNER FEDERAL ANTILYNCHING BILL BEFORE THE CONGRESS Whereas we have noted with alarm the increase in the number and barbarity of the crimes of lynching over a widespread area of the United States in recent months; and Whereas it seems that the present laws designed to protect the lives of those arrested for criminal offenses and guarantee to them the benefits of the orderly processes of law, seem inadequate for the purpose: Be it Resolved. That those of us here present at the Grace Community Church, city and county of Denver. State of Colorado, give our endorsement to the Costigan-Wagner Federal antilynching bill now before the Seventy-third Congress of the United States, and that we urge upon the Congress its immediate passage, substantially in the form in which it has been presented: Be it further Resolved. That we commend the efforts of Hen. Edward P. Costizan, Senator of the State of Colorado, and Hon. Robert F. Wagner, Senator of the State of New York for their efforts to date on behalf of the bill, and pledge to them our sincerest sympathy and our earnest support in the further work necessary to secure its early passage: Be it further Resolved, That copies of these resolutions be sent to the Senators in charge of the bill, to the newspapers of the city. State, and Nation, and that other organizations concerned with the promotion of social justice and civic righteousness be urged to take similar action in favor of the passage of the CostiganWagner bill. W. R. Duke. Denver Lodge 47. I. A. of M.. machinist; Sydney H. STATEMENT OF SELMA M. BORCHARDT, VICE PRESIDENT OF THE AMERICAN FEDERATION OF TEACHERS Mr. Chairman, gentlemen of the committee, the American Federation of Teachers is the Nation wide organ zation of classroom reselers. It befjeres that the teacher to be most effective in his classroom work must function as a good citizen in his community; must function very actively This is one of the major reasons for the organization's affiliation with the American Federation of Labor. As the representative of the American Federation of Teachers. I come as a teacher and as a trade unionist to testify in support of the Costican-Wagner antilynching bil! First. How can we teach our children to respect law when that law does not condemn, and at mes actually condones, mass uprisings, but il murder, and race contlets? PEL We all recognize tl it behavior patterns which determine ou“ every act dæ likely to be formed caly i' 'de. Some may be drawa by classrm experiences; many more by the maze of social experiences of the child in nis com' 'ex enviroment Writ of the behavior patte'n of a ebild who rinds of, who of, or who how terribe it wou'd be who a Nne 2? The emotionally bruised and this experie ce leaves a perm tent effeer op him. may loath the despised victim and his entire race, or he may ac re a lust to be equally as brutal or he may grow resentful of al' who helped make possible such an act. That cb2d those chidren--2 to whose life et mes i kzowie „ge of Lynching are seriously affected by ti at knowledge It is for ther; whether they realize it or not a painful experience, a secially Larmu ← Xperience He And then think of the effect on the Negro clad. I breds in him. of the one hand, a sense of fear and on the other a bitter rose thent. Ad either eLotional experience will be`p make him a better cinzel.. Teachers, as citizens recognizing their full pr fessional responsibility, seek to prevent the develor ment of a' tisocial attitudes in odren Second. Speaking more broadly along the same lines, I submit, gentlemen, that the use of brutal force is in itself antisocial and its effect on the community is harmful. The accepted use of brutal force in and by a community is morally degrading. History is replete with examples of the devastating effect on a community, of brutal punishments. Third. Lynchings intensify interracial hatreds and so incite to interracial conflicts. This statement I feel is self-evident, and the responsibility of the professional teacher in helping eradicate such hatreds is equally apparent. Fourth. We teachers seek to tell our children not what to then think but how to think. Nevertheless, there are certain facts of government which are presented in the classroom and which are distinctly pertinent to this bill. I cite these bare facts: 1. Ours is Federal Government of 48 sovereign States, but to the people of each State the Constitution of the United States guarantees a republican form of government. This means, to all of the people of each of the States, we take it. 2. By that same token a fair trial must be given to every man accused of a crime or else he can be legally punished. 3. The fourteenth amendment was put in the Constitution to protect the Negro, and for that purpose only was it put there, regardless of what interpretations later Supreme Court decisions may have placed on the purpose of the amendment put on to the Constitution as a result of the Civil War. 4. Federal statutes may and must be enacted to give effective expression to Our Constitution as it effects the rights of our Negro citizens, and it is the purpose of the bill before us to do just this. My last and fifth point, as a teacher, is that legislation is a form of education. Now, I realize full well that the attitude to the Negro-the attitude which makes lynchings possible in a so-called "civilized community ”—cannot be changed over night by one law. But, I submit, it will carry us a long way. Again let's analyze this a little. The community which will have to pay thousands of dollars for a lynching will not condone the act loud and long. They'll let their honor be settled in a courtroom rather than inwell, a bar room. And if the Congress of the United States declares against lynchings, they won't be held in good repute and citizens will think in forms of how outrageous they are. Law. I feel, is an effective form of education. For these five reason, we, as teachers, are in favor of a Federal antilynching bill. The American Federation of Teachers I have said is affiliated with the American Federation of Labor. Now, as trade unionists, we are in favor of a drastic curb by the Federal Government on such antisocial State conduct for the following reasons. First. While we are committed to a policy of collectivism, we are equally as strongly cognizant of the may I say-sanctity of the person of each individual. We submit that no group has greater rights than those which are enjoyed by its weakest, poorest member. Second. The preamble of the American Federation of Labor declares for the recognition of the rights of all who toil, regardless of color, race, or creed. Third. We recognize that lynching is, in effect, a form of economic intimidation. There is in most States, where lynchings have occurred, a feeling more or less near the surface that if the Negro is not kept down by threats, and by actual violence that he will not continue to submit to those shockings, degraded and degrading conditions under which all too often he is forced to work. A record of these conditions would not be technically pertinent at these hearings but the facts are available, and the principle I know is all too well known to you gentlemen who are here today giving us this sympathetic hearing. And those facts tell the story of economic intimidation which all too often makes lynching the accepted thing in a community. Gentlemen of this committee, I am not here to discuss with you the technicalities or the legal aspects of this bill. Able social-minded attorneys have done that. I am here to plead for the principle of this bill as a matter of justice, as a decent humane act, as a piece of good government to which the members of my organization as teachers and as trade unionists are committed. I thank you. Senator FREDERICK VAN NUYS, THE FIRST METHODIST EPISCOPAL CHURCH, Washington, D. C. MY DEAR SENATOR VAN NUYS: At a meeting on February 11, 1934, attended by 600 citizens of Hartford, Conn., and sponsored by the race relations committee of the Hartford Federation of Churches, the following resolution was passed unanimously: "Resolved, That this gathering of 600 citizens of Hartford, Conn., in a race relations meeting sponsored by the Hartford Federation of Churches, approves and supports the Wagner-Costigan antilynching bill, now before the Congress of the United States; "And that a copy of this resolution be sent to Senator Frederick Van Nuys with the request that it be read into the record of the Senate hearing on this bill." On behalf of the Hartford Federation of Churches, I am sending this to you, confident that you will take the action requested. Very truly yours, CHARLES C. NOBLE, Secretary Hartford Federation of Churches. RESOLUTION ADOPTED BY THE ANNUAL MEETING OF THE AMERICAN CIVIL LIBERTIES UNION ON MONDAY, FEBRUARY 19, 1934 Whereas there is pending before Congress a bill to provide for Federal prosecution of State officials who fail to act in lynching cases and to impose an indemnity to victims' families in counties wherein lynchings occur; and Whereas the experience of the Civil Liberties Union in endeavoring to prosecute lynchers in California, Kentucky, and Maryland shows the ineffectiveness of State laws and State prosecutions against local lynching sentiment: Therefore be it Resolved by the members of the American Civil Liberties Union at the annual meeting, That we support the Costigan-Wagner antilynching bill and call upon our branches and supporters all over the country to back it. AMERICAN CIVIL LIBERTIES UNION, Statement by Rabbi Edward L. Israel, Has Sinai Congregation, Baltimore, Md., member and former chairman Social Justice Commission, Central Conference of American Rabbis. There is little, if anything, that I can add to the statements which have already been made before this committee concerning the two lynchings which have recently occurred in Maryland. I think that it has been demonstrated clearly that in one of these cases, despite the fact that the lynching took place in a public square in a small town, it was impossible to get anyone to identify a single member of a mob numbering well over a thousand. The local and State authorities seemed to be either undesirous of prosecuting the crime or incapable of doing anything in the apprehension of the lynchers. No indictment was ever issued in the Salsbury case. As to the Armwood lynching at Princess Anne, the events have clearly demonstrated that even when, after dilatory tactics, the State attempted to act, it was at first frustrated in this attempt by local officials, and later found itself utterly incapable of securing an indictment from the local grand jury, even though the lynchers had been positively identified by the State police who had been overpowered. The State's own efforts to arrest the culprits resulted in another demonstration of mob law, in which the State militia was put to rout by a hostile populace, and threats of lynching were hurled against the attorney general of Maryland. An automobile, which the mob mistakenly thought was his, was overturned and battered. All this is conclusive evidence that the State authority breaks down completely in the case of a lynching, and that local sentiment is so in the hands of lawless elements that even the decent element of the population is afraid to act in defiance of this sentiment. There are constitutional problems involved in this question of an antilynching law upon which I am not competent to give an opinion. I can only lay down a principle with which I am certain you gentlemen will agree, namely, that our Constitution and law must guarantee the fundamental safety of all inhabitants and their right to the due processes of law, regardless of color or creed. Certainly within the spirit of the great document which is the foundation of our American liberties, there is ample scope for some provision by which the Federal Government can assist the States to maintain the supremacy of law and order. In the Armwood case in particular, it was obvious to many people that a lynching was impending. The Governor of the State of Maryland has himself told me of a telephone call which he received from his own State police the afternoon of the lynching, telling him that a mob was gathering. The Governor telephoned Judge Duer of Princess Anne, and States Attorney Robbins, who disputed the opinion of the captain of the State police. Both Judge Duer and Mr. Robbins were elected officers who comparatively shortly were to run for reelection. Without accusing either of these men of deliberate falsehood, it is in all probability true that their opinions were colored by a desire to act in accordance with the feelings of their aroused constituency rather than the realities of the facts. Subesequent events clearly demonstrate that a mob was already gathering. At a very early hour in the evening a very large mob had gathered, fully armed, according to testimony. The development of law indicates the effort of civilization to overcome the interference of antisocial passion by the repressive force of legislation. The basic principle of society is to place the enforcement of that law into competent forces of the entire social group. A lynching in Maryland is in reality a menace to the welfare of the entire American body politic. The increasing consciousness of the far-reaching effects of local crimes with which local authorities are unable to cope and the necessity of bringing the Federal Government into the picture by some legislative means is amply exhibited in a whole succession of legislative acts ratified by Congress in recent years. There are certain types of morality which cannot be achieved by legislative action. On the other hand, there are certain principles that go beyond the field of moral conduct of a purely individual nature and become essential to the safety of society as a whole. Upon some matters of this field there is honest ethical difference of opinion. It is significant, however, that all religious bodies seem to be unqualifiedly unanimous in their endorsement of a Federal antilynching law. The question has been asked whether such a law is not an aspersion upon law-abiding communities. Certainly no more than laws against murder or theft constitute an aspersion upon decent law-abiding citizens. Our experience in Maryland has clearly indicated that those counties and localities where there is the least danger of lynching are the ones where sentiment in favor of the antilynching bill is strongest. I feel sure that a survey of the entire country would bear out this fact. The whole issue constitutes a problem which must be faced by our Federal Government at a time when mob hysteria exhibiting itself at the outset against minority groups and later against constituted authority as a wholewitness the exact history of the Armwood case-must be dealt with in a summary manner by our Federal Government. STATEMENT OF J. O. SPENCER, PRESIDENT OF MORGAN COLLEGE, BALTIMORE, MD., REPRESENTING THE MARYLAND INTERRACIAL COMMISSION This commission desires to go on record in favor of the Costigan-Wagner bill, S. 1978, and to request that the bill be passed substantially as written. This commission believes that more crime is no remedy for crime; that more injustice is no remedy for injustice. This commission is confident that the committee to whom this bill is intrusted will recommend its passage and in so doing will deal a death blow to the horrible practice of lynching. J. O. SPENCER, President. |