Dear
Dick: Herewith a copy of the letter I wrote some time ago to Governor Byrnes, and of which I spoke to you on the phone yesterday morning. I am sending also a copy of his letter to me, as well as a few documents that he sent along to show the thinking in the South.1
Yesterday I had a long telephone conversation with him, during the course of which he expressed a readiness to talk to you at any time you should like. I reiterated to him the views that I have always held on this general subject. They can briefly be summarized as:
(a). The Federal government has a duty to insure equality in all areas in which it has complete and unquestioned jurisdiction.
(b). I have never agreed with the wisdom of enacting a so-called Federal FEPC law on the grounds that:
(1). It would be ineffective and would undoubtedly, by creating antagonisms, set back the cause of progress by a good many years.
(2). There would probably be alleged such a distinct violation of the Constitutional powers reserved to the States that confusion and misunderstanding would result, thus increasing prejudices.
(c). All public officials--city, state and national--should attempt to promote justice and equality through leadership and persuasion; no man is discharging his full duty if he does nothing in the presence of injustice even though these matters might not be suitable ones for punitive legislation.2
I also told Governor Byrnes that the purpose of founding the Commission that you head is to make certain that the Federal government is not neglecting its plain duty in the areas in which it is clearly responsible.3 An additional duty will be to determine facts pertinent to the general purpose of promoting economic and political equality, and to bring these facts to the attention of the government and the public.
The Commission has not been conceived of as an agency through which the Executive might attempt to usurp the legislative powers of Congress. (Incidentally, in this connection Governor Byrnes said that there is nothing in the Federal Contract Law about racial discrimination, so he feels that the Commission must be very restrained or it will certainly get into the Legislative function.)
It looks to me that, if we apply to this whole problem standards and criteria that are dictated by decency and fairness, we will not go too far wrong. The Commission will be an agency that will not only find out whether existing laws are being enforced (and this we must be always concerned with if for no other reason than that we are sworn to defend the Constitution), but will also point out all those paths in which people in official and private activities can be helpful in assisting progress toward economic and political equality, regardless of race.
This letter, of course, is for you alone and is not in any sense meant to be a directive for the Commission.
I do want to add the one thought that if you could, at an early and appropriate moment, make some public statement as to the general intent and purposes of the Commission, it would be very helpful in quieting the fears that have been voiced by many, including Governor Byrnes.4 As ever
