4. The legislative history of the bill in the Senate is treated by Eidenberg and Morey, An Act of Congress, ch. 6, quote at 159, and CQ Almanac, 1965, 289–93. Of Wayne Morse, Senator Javits said: “It is one of the tributes to the genius of the chairman’s character and one of the ornaments of Congress that when it comes to handling a bill, he yields to no one in delicacy and subtlety and cooperation. His views, very strong views, on other subjects in which he may stand alone are very well known. … But when it comes to the need for getting the Senate to back him in a measure in which he is the manager, he has no equal.” Higher Education Act of 1965, Hearings, Sen. Subcommittee on Education, 89th Cong., 1st sess. (1965), pt. I, p. 95. Cater to Johnson, March 31, April 8, 1965, Cater Papers, Johnson Library; Public Papers, Johnson, 1965, I: 412–19.
5. Bailey and Mosher, ESEA, ch. Ill, quotes at 73–76, 88, 89; Graham, Uncertain Triumph, 95–97; Cater to Johnson, April 2, with O’Neill to Cater attached, March 31, Cater to Johnson, April 14, 1965, Recommendations of the White House Task Force on Education, June 14, 1965, all Johnson Library. The ill-fated attempt of the Office of Education to desegregate the Chicago school system is treated below at pp. 392–99.
6. The Alanson Will cox memorandum on aid to education under the First Amendment is in Public School Assistance Act of 1961, Hearings, Subcommittee on Education, 87th Cong., 1st sess. (1961), 110–38. The significant constitutional challenge under the First Amendment to ESEA was in Flast v. Cohen, 389 U.S. 895 (1968). Notes and Working Papers Concerning the Administration of Programs, Higher Education Act of 1965, Sen. Subcommittee on Education, 89th Cong., 1st sess. (1967), pt. X. The administration bill is in Higher Education Act of 1965, Sen. Hearings, pt. 1, pp. 3–76, followed by a section-by-section analysis, pp. 77–92. Higher Education Act of 1965, Hearings, Special Subcommittee on Education, 89th Cong., 1st sess. (1965), 280–85; Office of Education, Higher Education Act of 1965 Fact Sheets, Cater to Moyers, Additional Statistics on Education, Surrey to Cater, April 12, 1965, Wirtz to Cater, Dec. 12, 1964, with Killingsworth attachment, Surrey to Cater, Dec. 14, 1964, Jan. 13, 1965, with attached Summary of Arguments Against a Tax Credit for College Expenses, Surrey to Cater, April 5, 1965, Keppel to Cater, Dec. 18, 1964, with attached Higher Education Loan Program with External Repayments, all Cater Papers, Surrey to Cater, July 15, with attached analysis of the Javits amendment, Dillon to Johnson, Jan. 12, 1965, both FI 5–6–1 File, all Johnson Library.
7. The legislative history of the higher education bill in the House is in CQ Almanac, 1965, 294–305; Higher Education Act of 1965, House Hearings, 681–94; Cohen to Cater, July 1, 1965, Cater to Johnson, May 18, July 11, Aug. 25, 1965, with American Bankers Association statement attached, Cater Papers, Manatos to O’Brien, Sept. 20, 1965, with attached Cohen and Willcox memoranda on the Waggoner-Dirksen amendment, Manatos Papers, O’Brien to Johnson, Aug. 6, Jacobsen to Johnson, Aug. 11, 1965, LE FA2 File, all Johnson Library.
8. For the legislative history in the Senate, see CQ Almanac, 1965, 302–5. Public Papers, Johnson, 1965, II: 763–65, 1102–6; Manatos to O’Brien with attached Cohen and Willcox memoranda, Sept. 20, 1965, Manatos Papers, Johnson Library; Office of Education, Higher Education Act of 1965 (1965).
9. Keppel, Oral History Interview, 1–16, Johnson Library.
Chapter 8. Selma and the Voting Rights Act
1. For the background see Charles E. Fager, Selma, 1965 (New York: Scribner, 1974), and Stephen L. Longenecker, Selma’s Peacemaker (Philadelphia: Temple Univ. Press, 1987), quote at 36. Voting Rights, H.R., Hearings Before Subcommittee No. 5 of the Judiciary Committee, 89th Cong., 1st sess. (1965), 5—9.
2. David J. Garrow is the authority on these events. See his monographs, The FBI and Martin Luther King, Jr. (New York: Norton, 1981) and Protest at Selma: Martin Luther King, Jr., and the Voting Rights Act of 1965 (New Haven: Yale Univ. Press, 1978), along with his biography of King, Bearing the Cross (New York: Morrow, 1986), quotes at 274–76, 354–55, 362.
3. Garrow, Bearing the Cross, 278–95, quote at 368; Fager, Selma, chs. 1–9, quote at 9—10; Longenecker, Selma’s Peacemaker, chs. 1—7; Message from Dr. Martin Luther King; White to Johnson, Feb. 3; Notes for Meeting with Martin Luther King and White to Johnson, Feb. 8; Valenti to Johnson, Feb. 9, 1965, M. L. King, Jr., File, Johnson Library; Public Papers, Johnson, 1965, 132; Jack Mendelsohn, The Martyrs (New York: Harper & Row, 1966), ch. 7, recounts the story of Jimmy Lee Jackson.
4. CQ Almanac, 1965, 533–39; Voting Rights, Sen., Hearings Before the Committee on the Judiciary, 89th Cong., 1st sess. (1965), pt. 1, pp. 81, 163; Public Papers, Johnson, 1965, I: 5; White to Moyers, Dec. 30, 1964, Constitutional Amendment, Jan. 8, Proposal submitted by Joseph Rauh, Feb. 12, Morrisson to Schlei, Meeting with Richard Scammon, Feb. 15, O’Brien to Johnson, March 10, 1965, Issues to be Resolved on the Voting Legislation, n.d., all Legislative Background Voting Rights File, Katzenbach to Johnson, Legislation to Overcome Voter Apathy and Discrimination, n.d., White Papers, White to Johnson, March 4, 1965, M. L. King, Jr., Papers, all Johnson Library.
5. The useful general studies are Garrow, Protest at Selma, chs. 2–3, Roy Reid’s New York Times report at p. 75; Garrow, Bearing the Cross, ch. 7; Fager, Selma, 1965. Other citations: Johnson, Vantage Point, 161–63; the Johnson estimate of Wallace is in Califano, Johnson, 56; Burke Marshall, Oral History Interview, 32, Johnson Library; Cook to Josephson, March 10, McPherson to Johnson and Humphrey to Johnson, March 12, White to Johnson, March 13, Wallace to Johnson, March 18, Valenti’s Notes, Meeting in the President’s Office, March 18, Moyers to Johnson, March 19, McCafferty to Johnson and Johnson to Wallace, March 20, Califano to McNamara et al., Reports Nos. 1–14, March 22–25, 1965, Legislative Background Voting Rights File, Redman Memo, March 20, 1965, FG 135 File, all Johnson Library; Mendelsohn, Martyrs, ch. 8, tells the story of James Reeb, ch. 9 of Viola Liuzzo; Wallace quote about Judge Johnson is in Marshall Frady, Wallace (New York: New American Library, 1968), 133; Public Papers, Johnson, 1965, I: 274–81; Executive Order 11207 is at 3 CFR, 1964–65 COMP., 290; Renata Adler’s New Yorker piece on the march to Montgomery is in her Toward a Radical Middle (New York: Random House, 1969), quote at 22.
6. CQ Almanac, 1965, 533–67; Public Papers, Johnson, 1965, I: 281–87, II: 840–43; Voting Rights, Sen., Judiciary Committee Hearings, 89th Cong., 1st sess. (1965), pts. 1 and 2; Voting Rights, H.R., Judiciary Subcommittee No. 5 Hearings; Johnson, Diary, 252–53; Mr. Valenti’s Notes, Cabinet Meeting, March 14, President’s Address Draws Strong Support, Editors’ News Service, March 17, Cox to Katzenbach, March 23, White to Johnson, April 8, Katzenbach to Johnson, April 27, 1965, all Legislative Background Voting Rights File, Jones to Watson, March 17, Santaella to White, March 9 and Alexander to White, March 23, Farmer to Johnson, May 7, 1965, all LE HU 2–7 File, O’Brien to Johnson, April 26, 1965, M. L. King, Jr., File, Katzenbach to Johnson, May 21, 1965, Wilson Papers, Manatos to O’Brien, July 26, 1965, Manatos Papers, all Johnson Library; on the Eastland problem, see Hugh Davis Graham, The Civil Rights Era (New York: Oxford Univ. Press, 1990), 144–45, and CQ Almanac, 1965, 541; Breedlove v. Suttles, 302 U.S. 277 (1937); Clarence Mitchell, Oral History Interview, II-7, Johnson Library.
7. Reis to Busby, June 10, 1965, EX FG 135 File, Pollak to Doar et al., June 3, Marer to Pollak, June 11, Pollak to Katzenbach, June 11, Doar to Pollak, July 14, Katzenbach and Macy to Johnson, Aug. 5, 1965, Legislative Background Voting Rights File, McPherson to Johnson, June 17, Macy to Johnson, Nov. 1, Katzenbach to Johnson, Nov. 2, 1965, Macy to Johnson, Jan. 31, Katzenbach to Kintner, May 13, 1966, Macy to Johnson, April 25, 1968, HU 2–7 File, all Johnson Library; South Carolina v. Katzenbach, 383 U.S. 301 (1966); Katzenbach v. Morgan, 384 U.S. 641 (1966); U.S. v. Texas, 252 F. Supp. 234 (W.D. Tex. 1966); U.S. v. Alabama, 252 F. Supp. 95 (M.D. Ala. 1966); Harper v. Virginia State Board of Elections, 383 U.S. 663 (1966); The Department of Justice During the Administration of President Lyndon B. Johnson, Civil Rights Division, 7, 34, 41—52, Johnson Library.
/> 8. Lee White, Oral History Interview, III–21, Burke Marshall, Oral History Interview, 34–35, Joseph A. Califano, Jr., Oral History Interview, X-l, all Johnson Library.
Chapter 9. Immigration: Righting the National Origins Wrong
1. Daniel J. Kevles, “Annals of Eugenics,” New Yorker (Oct. 8, 1984): 51, 99–100, 113; Daniel J. Kevles, In the Name of Eugenics (New York: Knopf, 1985), chs. 1 and 3; Harry H. Laughlin, Immigration and Conquest (New York: Chamber of Commerce of the State of New York, 1939), 6–7, 8–9, 31; Europe as an Emigrant-Exporting Continent and the United States as an Immigrant-Receiving Nation, Hearings, H.R., Committee on Immigration and Naturalization, 68th Cong., 1st sess. (1924), 1262, 1294, 1339.
2. There are summary histories of U.S. immigration policy in Vernon M. Briggs, Jr., Immigration Policy and the American Labor Force (Baltimore: Johns Hopkins Univ. Press, 1984), chs. 2, 6, quote at 23; Abba Schwartz, The Open Society (New York: Morrow, 1968), ch. 6; Laughlin, Immigration and Conquest, ch. 3. See also the introduction to David M. Reimers, Still the Golden Door: The Third World Comes to America (New York: Columbia Univ. Press, 1985).
3. CQ Almanac, 1965, 459–82, quote at 463; Schwartz, Open Society, Rusk quote at 119, others at 31, 117. For Kennedy and immigration see Doris Kearns Goodwin, The Fitzgeralds and the Kennedys (New York: Simon & Schuster, 1987), and the revised edition of Kennedy’s book published after his death, A Nation of Immigrants (New York: Harper & Row, 1964). Public Papers, Kennedy, 1963, 594–97; Robert Dallek, Lone Star Rising (New York: Oxford Univ. Press, 1991), 169–70; Erich Leinsdorf, Cadenza: A Musical Career (Boston: Houghton Mifflin, 1970), 56, 75–79; Feldman quote in Stephen Thomas Wagner, “The Lingering Death of the National Origins Quota System, 1952–1965,” (Ph.D. dissertation, Harvard University, 1986), 387; Public Papers, Johnson, 1963–1964, 116; Immigration, Hearings, H.R., Subcommittee No. 1 of the Committee on the Judiciary, 88th Cong., 2d sess. (1964), 3 vols., Feighan’s rough treatment of Schwartz in pt. II, pp. 508, 534–35; Lawrence F. O’Brien, Oral History Interview, 11–39–40, Schwartz to O’Donnell with attachments, Jan. 11, and Engel to Johnson, Jan. 17, Schwartz to O’Brien, July 16, Feldman to Valenti, Aug. 12, 1964, EX IM File, Schlei to Johnson, May 7, 1965, Legislative Background Immigration File, Geoghegan to O’Brien, Feb. 14, 18, Wilson to O’Brien, July 11, 1964, Wilson Papers, all Johnson Library.
4. Wagner, “Lingering Death,” 419, 438, 439–42, 450; Public Papers, Johnson, 1965, 6, 37–39,1037–40; Immigration, Hearings, H.R., 11,267; Immigration, Hearings, Sen., Subcommittee on Immigration and Naturalization, 89th Cong., 1st sess. (1965), 2 vols.; Barber to Valenti, July 8, Schlei to Valenti, July 14, Manatos to O’Brien, Aug. 16, 20, 1965, EX IM File, Basic Provisions of Mr. Feighan’s Proposal, n.d., Schlei to Johnson, May 7, Valenti to Johnson, May 8, O’Brien to Johnson, June 16, 17, July 30, Barber to Valenti, June 29, Valenti to Johnson, July 16, Udall to Johnson, Sept. 23, 1965, Legislative Background Immigration File, Valenti to Johnson, July 22, 1965, EX LEX IM File, all Johnson Library; Report of the Select Commission on Western Hemisphere Immigration (Jan. 1968), 1—23.
5. The New Immigration Law: Summary of Principal Features, Oct. 6, 1965, Legislative Background Immigration File, Johnson Library; W. S. Bernard, “America’s Immigration Policy, Its Evolution and Sociology,” International Migration 3, no. 4 (1965): 235; D. G. Benn, “The New U.S.A. Immigration Law,” International Migration 3, no. 3 (1965): 107; Briggs, Immigration Policy, 73–82, quote at 82; Reimers, Golden Door, 243; New York Times, March 22, 1992.
While of little consequence to the passage of the immigration law, the Abba Schwartz affair deserves comment. In March 1966 the Johnson administration abolished the Bureau of Security and Consular Affairs and Rusk offered Schwartz a position as his assistant on refugee matters. Schwartz rejected the offer and left the government. He released the story to the press, which created quite a stir, and in 1968 published The Open Society. Aside from being a useful work of scholarship, the book, like the press conference, was an attack on the administration. Excepting a lame backgrounder by Rusk, no one in the administration countered Schwartz. This, of course, encouraged speculation. In his dissertation, for example, S. T. Wagner wrote: “It is quite possible that another deal besides the compromise on Western Hemisphere immigration had been struck to facilitate passage of the reform bill; the Administration may very well have sacrificed Abba Schwartz to appease his most determined Congressional critics” (p. 452). In fact, the administration needed no votes because the bill passed overwhelmingly and a search of both the Kennedy and Johnson Libraries uncovered no support for this theory. The relationship between Schwartz and his superiors in the State Department as well as with the Senate Internal Security Subcommittee was dreadful. In a letter to Charles Mace, a friend and former employee presently with the U.S. Mission in Geneva, Schwartz referred to LBJ as “Daddy Bird,” to Dean Rusk as “Deano,” to Deputy Undersecretary of State for Administration William J. Crockett as “Crockhead and his gang,” and to Deputy Assistant Secretary Michel Cieplinski as “Simple-inski.” Schwartz, certainly, was detested by Feighan and the senators on the Internal Security Subcommittee who, doubtless, were pleased to see him go. In fact, Senator Thomas J. Dodd of the subcommittee wrote the President on Jan. 12, 1965, urging that Schwartz be dismissed and that his bureau be abolished. But there are two other possible administration motives that make more sense. The first is that Johnson may have considered Schwartz disloyal. Schwartz made no secret of his commitment to both John and Robert Kennedy and he campaigned for the latter for the Senate in New York in 1964 without White House approval. Given the vendetta between Johnson and Bobby Kennedy, the President could easily have read this as an act of disloyalty. Second, the conduct of Schwartz during the legislative history of the bill aroused concern among its supporters. Dave Brody of the B’nai B’rith Anti-Defamation League, who worked hard for the bill with Larry O’Brien and the Justice Department, told Joe Califano that Schwartz did nothing to get it passed. Henry Hall Wilson of O’Brien’s staff was so angered by Schwartz that he gave him “unequivocal instructions” that the bill was “not to be changed by one comma.” Relevant documents in the Johnson Library: Dodd to Johnson, Jan. 12, and Rusk to Johnson, Sept. 13, 1965, Confidential File, FG 103–4; Valenti to Johnson, Sept. 1, 1965, Confidential File, FG 105–5; Cieplinski to Valenti, March 18, 1966, FG 105–5; Wilson to O’Brien, July 23, 1965, Wilson Papers; Califano to Johnson, Handwriting File, Box 13. In the Kennedy Library: Schwartz to Mace, May 3, 1966, Schwartz Papers.
Chapter 10. The Environment: From Conservation to Pollution
1. Paul Brooks, The House of Life, Rachel Carson at Work (Boston: Houghton Mifflin, 1972), quotes at 16, 293, 306; Frank Graham, Jr., Since Silent Spring (Boston: Houghton Mifflin, 1970), E. B. White quote at 19; Rachel Carson, The Sea Around Us (New York: Oxford Univ. Press, 1951); Rachel Carson, Silent Spring (Boston: Houghton Mifflin, 1962), quotes at 15–16, 103; Public Papers, Kennedy, 1962, 655; Use of Pesticides, A Report of the President’s Science Advisory Committee (May 15, 1963).
2. The sketch of Stewart Udall is based on Current Biography, 1961, 464–66, and Political Profiles: The Kennedy Years, 511–13. Stewart L. Udall, Oral History Interview, 1–30–35, II-5–10, 19, Philip S. Hughes, Oral History Interview, 29, both Johnson Library; Public Papers, Kennedy, 1961, 551–52; Johnson, 529–30.
3. Outdoor Recreation Resources Review Commission, Outdoor Recreation for America (1962); Land Conservation Fund Proposal, about Jan. 16, Draft Message to Congress, White to Dillon et al., Feb. 8, Udall to Bell, Feb. 12, Bell to White, n.d., Heller to Hughes, Feb. 16, Sasaki to Staats, March 28, Tiller to Hughes, April 4, Sasaki to Andrews, April 5, Sasaki to Hughes, July 12, Lamb to Hughes, Oct. 3, Bell to Director, Dec. 11, 1962, Sasaki to Staats, Jan. 22, Kennedy to Aspinall, Nov. 4, Udall to Johnson, Nov. 27, 1963, White to Udall, Aug. 3, Udall to Johnson, Aug. 13, Johnson to Rockefeller, Sept. 21, 1964, Udall to Schultze, Jan. 3, 1967, all Legislative Background Land and Water File, John
son Library; Public Papers, Kennedy, 1962, 176–84, 441–43; Edward C. Crafts, Oral History Interview, 1–1–3, 9–10, 12–13, Stewart L. Udall, Oral History Interview, 1–26, 29, both Johnson Library; Land Conservation Fund, H.R., Hearings, Committee on Interior and Insular Affairs, 87th Cong., 2d sess. (1962); CQ Almanac, 1964, 474–84, 1965, 291–99 Public Papers, Johnson, 1963–1964, II: 1033–34; Dept. of the Interior, Conservation Yearbook, No. 4, pp. 18–24, No. 5, pp. 40–44; Additions to the National Park System, 1, 14–16, Administrative History of the Department of the Interior, Johnson Library.
4. Sources for the legislative history of the Wilderness Act are Craig W. Allin, The Politics of Wilderness Preservation (Westport: Greenwood, 1982), ch. 4, pp. 267–72, and CQ Almanac, 1964, 485–92. The Muir quote is from Frederick Frazier Nash, American Environmentalism, Readings in Conservation History (3d ed., New York: McGraw-Hill, 1990), 96. The text of the Wilderness Act is App. A in Allin’s book. Michael Frome, Battle for the Wilderness (New York: Praeger, 1974), 122–26, 137, 148, quotes at 1 and 139; Public Papers, Kennedy, 1961, 120; Robert Marshall, The People’s Forests (New York: Smith and Haas, 1935); the Nov.-Dec. 1992 issue of Defenders is devoted to Aldo Leopold; Manatos to Moyers, March 3, Freeman to Aspinall, Sept. 13, 1962, Wilderness Society Memorandum, Feb. 13, O’Brien to Johnson, June 18, Udall to Valenti, July 30, Humphrey to O’Brien, Aug. 4, 1964, all Legislative Background Wilderness Act File, Johnson Library; Zahniser quote in Wilderness Preservation System, Hearings, H.R., Subcommittee on Public Lands of the Committee on Interior and Insular Affairs, 88th Cong., 1st sess. (1964), 1205; Public Papers, Johnson, 1963–1964, II: 1034.
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