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14 need be shown is that it deals with voting. Since at that point the federal authorities have jurisdiction, the question of what provisions do deal with voting should also be submitted to those authorities, at least in the case of provisions "arguably subject" to that jurisdiction. Compare San Diego Bldg. Trades Council v. Garmon, 359 U.S. 236, 245 (1959). The proper relief here would have been to enjoin the elections affected by the state's enforcement of the statute. Bush v. Martin, 224 F. Supp. 449 (S.D. Tex. 1963), aff'd, 376 U.S. 222 (1964). Having sought such relief, appellants are now entitled to have the improperly-held elections set aside, Hamer v. Campbell, 358 F.2d 215 (5th Cir. 1966), and the use of the statute in the 1968 and subsequent elections enjoined. CONCLUSION House Bill No. 68 is no more than an inventive means of maintaining white political supremacy in Mississippi which has resulted from denying Negroes the vote for many years. Yet because the statute does not say in so many words that former slaves may not vote or that the state voting registrar may register whomever he pleases, it is claimed that this statute does not deal with a voting practice or procedure. Appellants submit that this sort of "extraordinary stratagem of contriving new rules of various kinds for the sole purpose of perpetuating voting discrimination"14 14 South Carolina v. Katzenbach, 383 U.S. 301, 335 (1966). What this Court meant was well described by the Attorney General, testifying before the House of Representatives i "Mr. Katzenbach: The justification is simply this: Our experience in the areas that would be covered by this Bill has been such as to indicate frequently on the part of state legislatures 15 was precisely what Congress expected from the State of Mississippi. Mississippi should not be allowed to thwart Congress by the devious expedient of calling a spade a shovel and saying they are different. For the reasons stated above, this Court should note probable jurisdiction and reverse the judgment of the court below. Respectfully submitted, Armant> Derfner Alvin J. Bronstein James A. Lewis 603 North Farish Street Jackson, Mississippi 39202 Of Counsel: Richard B. Sobol 606 Common Street New Orleans, Louisiana a desire in a sense to outguess the Congress of the United States. I refer, for example to the new voter qualifications that have been put into statutes of Louisiana, Mississippi and Alabama following the enactment of the 1964 Act which made things more difficult for people to vote .... "The same thing was true, as the Chairman may recall, in Louisiana at the time of the initial school desegregation, where the legislature passed I don't know how many laws in the shortest period of time. Everytime the judge issued a decree, the legislature . . . passed a law to frustrate that decree." House Hearings 60.
Object Description
Title | MFDP--General papers, 1965-1971, part 2 (Mississippi Freedom Democratic Party records, 1962-1971; Historical Society Library Microforms Room, Micro 788, Reel 2, Segment 2, Part 2) |
Author/Creator | Mississippi Freedom Democratic Party |
Folder Description | Though many of these documents are undated, this folder deals exclusively with MFDP elections, and legal actions relating to those elections, from 1963-1966. Five MFDP candidates (Whitley, King, Collins, Guyot, and Hayes) pledge NOT to uphold the segregationist principles of the Democratic Party of Mississippi in their 1966 primary election; they supplement their "Declaration of Independence" with Democratic Party of Mississippi quotations, their own biographical sketches, and a rebuttal of the Party's "Section 3129" which makes candidates pledge to support those primary winners who support segregationist policies. The folder also includes the following: 1966 Mississippi congressional district population and voter registration statistics by race with a notation about which counties now have more African American registered voters than white ones. Clifton Whitley's reply to James O. Eastland on school desegregation. An MFDP pamphlet outlining its 1966 electoral intentions. A list of the Mississippi precincts won or tied by MFDP candidates in the June 7, 1966, primary election. A 1966 fundraising letter from the New York Committee for the MFDP with an explanation of the voting situation in Sen. James Eastland's Sunflower County, Mississippi. The MFDP's Washington office announces a public information service to be handled by Sanford Leigh. A court order to reapportion the Mississippi state legislature. A blank Clay County MFDP membership card. Civil rights worker John Buffington discusses the importance of upcoming elections in Clay County in 1966 and urges increased funding for them given that "the white liberal support of the North has been cut down a lot." Attorney Bronstein's letter and formal legal complaint (Connor v. Johnson) discusses the elimination of three MFDP candidates from the ballot due to an allegedly insufficient number of valid signatures on their electoral petitions. A 1967 legal decision addresses this issue and is followed by another, more limited, complaint by Bronstein. The plaintiffs' reapportionment plan in Connor v. Johnson. A 1967 "Interlocutory Decree" rejecting this reapportionment plan. The State of Mississippi's appeal to the U.S. Supreme Court on Connnor v. Johnson. A draft platform for Ralthus Hayes' 1966 congressional candidacy. Pamphlets and flyers advertising Emma Sander's, Clifton Whitley's, and Dock Drummond's November 1966 congressional candidacies with instructions for new voters. A chart of votes for MFDP candidates in official elections between 1962 and 1966. A 1967 list of MFDP candidates. Clifton v. Johnson asks whether the Voting Rights Act permits the elimination of certain candidates from the ballot. The case of Whitley v. Williams before the U.S. Supreme Court, seeking enforcement of Voting Right Act provisions. The defendants' rebuttal in that case. A SCEF resolution to the Democratic National Convention of 1968, reminding them that state delegations should be representative of all the people in their states. A SNCC press release on African Americans trying to run for municipal offices in Mississippi. A form letter asking for new elections to be held shortly after the Voting Rights Act is passed, as African Americans had not been able to vote in elections before then, so the current elected officials do not represent them. Spartacists call for a Labor Party and urge the MFDP to join it as an alternative to the national Democratic Party which, they say, does not have their interests at heart. Lawrence Guyot informs people that tape recordings are available on the subject of the Congressional Challenge and the Mississippi Freedom Labor Union. A progress report on legal decisions regarding elections in Sunflower County also reveals that an MFDP candidate for public office, Clinton Collier, was badly beaten in Philadelphia, Mississippi. Lawrence Guyot thanks supporters for donating money for a truck to the Clarke County MFDP which can be used to transport people to the courthouse to register to vote. R. L. T. Smith announces his candidacy for office sometime before November 1963. An undated list of MFDP's "new executive committee" members. An MFDP pamphlet called "Issues in 1968 for Mississippi" (land reform; economic rights; peace in Vietnam). Handwritten excerpts from major newspapers and news magazines about Charles Evers' congressional candidacy in a special election. A 1968 memo urges support for five militants at Texas State University who were arrested for inciting a riot and charged with murdering a police officer, though they had no weapons. A list of 12 acts and resolutions "designed to discriminate against Negro candidates or voters" that were passed by the 1966 Mississippi legislature. May 1968 press releases announce that the MFDP will challenge the seating of the Mississippi state delegation at the National Democratic Convention of 1968, and that they will be holding their own county and state conventions. The MFDP's argument in Whitley v. John Bell Williams; the State of Mississippi's rebuttal; the District Court's opinion; notice of the case being appealed to the U.S. Supreme Court. A 1968 MFDP statement of its principles. Lists of potential, actual, and alternate MFDP delegates to the 1968 Democratic National Convention. A summer 1968 press release about the Loyal Democrats of Mississippi's state convention: the Loyal Democrats are described as an umbrella organization embracing the MFDP, the Young Democratic Clubs of Mississippi, Mississippi's NAACP, some teacher and labor organizations, and Masons. The members of the Loyal Democrats' steering committee and a fact sheet on the group are also here. A legal brief filed by the Loyal Democrats, challenging the seating of the delegation from the Democratic Party of Mississippi at the Democratic National Convention of 1968, provides examples of continued official white obstructionism to African American electoral participation following the Voting Rights Act of 1965 and gives the background of the Loyal Democrats. A December 1968 MFDP press release announcing that Channing Emery Phillips ("first Black man in the History of the United States to be nominated for President of the United States") will address the Party's state convention. A 1969 fact sheet on the MFDP. A March 1969 MFDP statement on the U.S. Supreme Court's ruling supporting Section 5 of the Voting Rights Act in the case of Whitley vs. John Bell Williams and several others. Supreme Court Justices' opinions on this and related cases. The 1971 draft platform of the Mississippi State Democratic Party with a list of candidates for local office: this platform is quite a contrast with previous state Democratic Platforms, probably because the majority of white Democrats had become Republicans by this time. |
State | Mississippi; New York; Texas; Illinois; |
Place | Mileston; Holmes County; Hattiesburg; Sunflower; Clay County; Greenwood; Meridian; Shaw; Moss Point; McComb; Jackson; Indianola; Philadelphia; Clarke County; Forrest County; Sunflower County; Edwards; Brookhaven; Liberty; Ruleville; Natchez; New York; Houston; Chicago; |
Subject | Mississippi Freedom Democratic Party; Democratic Party (Miss.); segregation; communism; United States. Civil Rights Act of 1964; veterans; Democratic National Convention (1964 : Atlantic City, N.J.); unemployment; civil rights workers; poll tax; community centers; Student Nonviolent Coordinating Committee (U.S.); Freedom Day; United States. Department of Justice; voter registration; education; agriculture; United States. Voting Rights Act of 1965; Vietnam War, 1961-1975; housing; Black power; Lawyers Constitutional Defense Committee (U.S.); public welfare; medicine; employment; migration, internal; Community Action Programs (U.S.); labor unions; Southern Conference Educational Fund; Democratic Party (U.S.); Democratic National Convention (1968 : Chicago, Ill.); Freedom Vote; Congress of Racial Equality; wages; Republican Party (U.S.); Mississippi Freedom Labor Union; courts; black history; unemployment; poverty; assault and battery; intimidation; food drives; clothing and dress; teachers; cooperative societies; police; Ku Klux Klan; National Association for the Advancement of Colored People; murder; United States Commission on Civil Rights; White Citizens councils; lawyers; Delta Ministry |
Personal Name | Whitley, Clifton R.; King, Edwin H.; Hayes, Ralthus; Collier, Clinton; Guyot, Lawrence, 1939-2012; Johnson, Paul B., 1916-1985; Barnett, Ross R. (Ross Robert), 1898-1987; Wallace, George C. (George Corley), 1919-1998; Eastland, James Oliver, 1904-1986; Whitten, Jamie; Williams, John Bell; Colmer, William Meyers, 1890-1980; Katzenbach, Nicholas deB. (Nicholas deBelleville), 1922-2012; Drummond, Dock; Lewis, Robert; Adams, Victoria Gray, 1926-2006; Leigh, Sanford; Connor, Peggy Jean; Coleman, J. P. (James Plemon), 1914-1991; Cox, Harold; Russell, Dan M., Jr.; Adams, Dora; Abernethy, Thomas Gerstle, 1903-1998; Buffington, John; Bronstein, Alvin J.; Sanders, Emma; Brown, R. Jess, 1912-; Saltonstall, John, Jr.; Farmer, Malcolm; Ainsworth, Robert Andrew, 1910-1981; Wells, Will; Patterson, Joseph Turner; McLendon, Martin R.; Davis, William A.; Thomas, Robert; Johnson, Lyndon B. (Lyndon Baines), 1908-1973; Marcuse, Peter; Rash, Sammy; McKinney, Philip; Mason, Dan Lofton; Leach, L. C.; Brown, J. L.; Ross, Johnnie; Wesley, John Daniel; Raymond, George; Thompson, Bennie L.; Saddler, Ellis; Moore, Floyd; Gray, H. L., Sr.; McDonald, Hubert; Coleman, L. C.; Hamer, Fannie Lou; Magee, Harold T.; Sobol, Richard B.; Derfner, Armand; Lewis, James A.; Pilcher, Pinkie; Lane, Mary; Blackwell, Alice; Crowell, Catherine; Johnson, Sol; Hawkins, Andrew; Martin, L. J.; Powell, Adam Clayton, 1908-1972; Kennedy, John F. (John Fitzgerald), 1917-1963; King, Martin Luther, Jr., 1929-1968; House, Lou; Clayton, Claude F. (Claude Feemster), 1909-1969; Alexander, Bryce; Shriver, Sargent, 1915-2011; Bailey, John; Rainey, Lawrence A.; Price, Cecil; Smith, R. L. T. (Robert L. T.); Roosevelt, Franklin D. (Franklin Delano), 1882-1945; Evers, Charles, 1922-; Griffin, Charles H.; Badron, Ellis; Pigott, Joe N.; Watkins, Toby; Parker, John; Franklin, Trazwell; Waller, Douglas Wayne; Nichols, Floyd; Freeman, Charles; Perkins, David L.; Kneeland, Douglas E.; Thompson, Hagan; Kennedy, Robert F., 1925-1968; Humphrey, Hubert H. (Hubert Horatio), 1911-1978; Ramsay, Claude; Franklin, Benjamin; Sessum, Cecil V.; Dahmer, Vernon Ferdinand, 1908-1966; Hall, Stanton; Parker, Frank R.; Harris, Joseph Lewis; Ladner, Heber; Farley, J. C.; Bunton, Charles E.; Barnes, Thelma; Sorenson, Theodore; Rauh, Joseph L., 1911-; Feldman, Myer, 1914-2007; McCarthy, Eugene; Hughes, Richard F.; Kennedy, Edward M. (Edward Moore), 1932-2009; Mankiewiez, Frank; Mondale, Walter F., 1928-; Sutton, Percy; Oliver, R. Spencer; Hayden, Carl; Boyd, Robert D.; Cupit, Danny; Henry, Aaron, 1922-1997; Carter, Hodding; Darien, Pat; Hutchinson, Flavous; Wallace, William, Sr.; Ingram, O. W.; Posey, John Phillip; Rhodes, Alfred; Young, Charles; Garner, John B.; McLoone, Phillip J.; Woodson, Robert; Kochtitzky, R. B.; Wroten, Joseph B.; Pearson, William W.; Clark, Robert George, 1929-; Watkins, J. Wesley; Bailey, Howard Taft; Duckworth, C. J.; Jones, James; Carr, Andrew; Page, Matthew J.; Dean, Kenneth; Pyles, Dixon L.; Hall, Clarence; Wilkie, Curtis; Fantroy, E. V.; Johnson, Allen; Carr, Oscar; Gilliam, James C.; Miles, Robert; Bryant, C. C.; Brooks, Gary; Thomas, Isaac L.; Harris, Thomas H.; Summers, Frank H.; Steptoe, E. W.; Ruffin, Susie; Ayers, Jake; Webster, D. Talmadge; Lipscomb, J. Walton; Wentworth, Carolyn Wallace; Morrissey, William; Mitlin, Laurence R.; Love, Sam; Kennedy, John; Nero, S. T.; Bowie, Harry; Young, Jack H.; Wynn, Douglas C.; Watkins, J. Wesley; Aschenbrenner, Lawrence A.; Anderson, Reuben; Feldman, Myer, 1914-2007; Smith, Lamar; Lee, Herbert; Allen, Louis; Hurst, E. E.; Evers, Medgar Wiley, 1925-1963; Burkes, Marylene; Hillett, Vivian; Schwerner, Michael Henry, 1939-1964; Goodman, Andrew, 1943-1964; Chaney, James Earl, 1943-1964; Jackson, Wharlest; Byrd, Joe; Dye, Brad; Thurmond, Strom, 1902-2003; Wright, Fielding (Fielding Lewis), 1895-1956; Byrd, Harry F., Jr. (Harry Flood), 1914-2013; Goldwater, Barry M. (Barry Morris), 1909-1998; Truman, Harry S., 1884-1972; Sullivan, Charles; Bramlett, Leon; Lott, Hardy; Mitchell, W. H.; Scribner, J. E.; Williams, Kenneth; Prather, Robert; Inzer, William; Turner, Irby; Harper, Matthew, Mrs.; Kleinpeter, J. E.; Griffin, Marvin; Nixon, Richard M. (Richard Milhous), 1913-1994; Warren, Earl, 1891-1974; Brooks, Owen; Douglas, William O. (William Orville), 1898-1980; Harlan, John Marshall, 1899-1971; |
Event Date | 1963-1971; |
Year | 1963-1971; |
Language | English |
Source | Mississippi Freedom Democratic Party records, 1962-1971; Historical Society Library Microforms Room, Micro 788, Reel 2, Segment 2, Part 2; WIHV3937S-A |
Format | reports and surveys; press releases; pamphlets; correspondence; legal documents; forms; flyers and handbills; memoranda; meeting minutes; |
Publisher-Electronic | Wisconsin Historical Society |
Publication Date-Electronic | 2013 |
Rights | Copyright to these documents belongs to the individuals who created them or the organizations for which they worked. The principal organizations have been defunct for many years and copyright to their unpublished records is uncertain. We share them here strictly for non-profit educational purposes. We have attempted to contact individuals who created personal papers of significant length or importance. Nearly all have generously permitted us to include their work. If you believe that you possess copyright to material included here, please contact us at asklibrary@wisconsinhistory.org. Under the fair use provisions of the U.S. copyright law, teachers and students are free to reproduce any document for nonprofit classroom use. Commercial use of copyright-protected material is generally prohibited. |
Digital Format | XML |
Digital Identifier | fsMFDPr2s2b000 |
Type | Text; Image |
Description
Title | p.14-p.15 |
Page Text | 14 need be shown is that it deals with voting. Since at that point the federal authorities have jurisdiction, the question of what provisions do deal with voting should also be submitted to those authorities, at least in the case of provisions "arguably subject" to that jurisdiction. Compare San Diego Bldg. Trades Council v. Garmon, 359 U.S. 236, 245 (1959). The proper relief here would have been to enjoin the elections affected by the state's enforcement of the statute. Bush v. Martin, 224 F. Supp. 449 (S.D. Tex. 1963), aff'd, 376 U.S. 222 (1964). Having sought such relief, appellants are now entitled to have the improperly-held elections set aside, Hamer v. Campbell, 358 F.2d 215 (5th Cir. 1966), and the use of the statute in the 1968 and subsequent elections enjoined. CONCLUSION House Bill No. 68 is no more than an inventive means of maintaining white political supremacy in Mississippi which has resulted from denying Negroes the vote for many years. Yet because the statute does not say in so many words that former slaves may not vote or that the state voting registrar may register whomever he pleases, it is claimed that this statute does not deal with a voting practice or procedure. Appellants submit that this sort of "extraordinary stratagem of contriving new rules of various kinds for the sole purpose of perpetuating voting discrimination"14 14 South Carolina v. Katzenbach, 383 U.S. 301, 335 (1966). What this Court meant was well described by the Attorney General, testifying before the House of Representatives i "Mr. Katzenbach: The justification is simply this: Our experience in the areas that would be covered by this Bill has been such as to indicate frequently on the part of state legislatures 15 was precisely what Congress expected from the State of Mississippi. Mississippi should not be allowed to thwart Congress by the devious expedient of calling a spade a shovel and saying they are different. For the reasons stated above, this Court should note probable jurisdiction and reverse the judgment of the court below. Respectfully submitted, Armant> Derfner Alvin J. Bronstein James A. Lewis 603 North Farish Street Jackson, Mississippi 39202 Of Counsel: Richard B. Sobol 606 Common Street New Orleans, Louisiana a desire in a sense to outguess the Congress of the United States. I refer, for example to the new voter qualifications that have been put into statutes of Louisiana, Mississippi and Alabama following the enactment of the 1964 Act which made things more difficult for people to vote .... "The same thing was true, as the Chairman may recall, in Louisiana at the time of the initial school desegregation, where the legislature passed I don't know how many laws in the shortest period of time. Everytime the judge issued a decree, the legislature . . . passed a law to frustrate that decree." House Hearings 60. |
Language | English |
Source | Mississippi Freedom Democratic Party records, 1962-1971; Historical Society Library Microforms Room, Micro 788, Reel 2, Segment 2, Part 2; |
Publisher-Electronic | Wisconsin Historical Society |
Publication Date-Electronic | 2013 |
Rights | Copyright to these documents belongs to the individuals who created them or the organizations for which they worked. The principal organizations have been defunct for many years and copyright to their unpublished records is uncertain. We share them here strictly for non-profit educational purposes. We have attempted to contact individuals who created personal papers of significant length or importance. Nearly all have generously permitted us to include their work. If you believe that you possess copyright to material included here, please contact us at asklibrary@wisconsinhistory.org. Under the fair use provisions of the U.S. copyright law, teachers and students are free to reproduce any document for nonprofit classroom use. Commercial use of copyright-protected material is generally prohibited. |
Digital Format | JPEG2000 |
Digital Identifier | Micro 788 - Reel 2 00425 |