<--PREV Doc #573  |  Memorial Commission Home Page  |  First Term Table of Contents  |  Presidential Papers Home Page  |  Doc#  |  NEXT--> Doc #575 Document #574; December 1, 1953 To James Francis Byrnes Series: EM, AWF, Name Series ; Category: Personal and confidential The Papers of Dwight David Eisenhower, Volume XV - The Presidency: The Middle Way Part IV: "Pushing ahead along the broad center"; December 1953 to March 1954 Chapter 8: A world "racing toward catastrophe"   Dear Governor: I have put considerable thought and study on the problems involved in the school segregation cases. As you know, I am interested primarily in progress; it has been my fervent hope that some solution would be found to this problem which would progressively work toward the goals established by abstract principle, but which would not, at the same time, cause such disruption and mental anguish among great portions of our population that progress would actually be reversed. Consequently, your personal views have meant much to me.1 I appreciate your study and knowledge of the problem and count you among one of my warm personal friends. More than this, I recognize that there are very serious problems that you have to face--regardless of the exact character of the court decisions in the pending cases. By this I mean that the task of establishing "equal but separate" facilities will involve, I am told, extraordinary expenditures throughout all the southern states.2 Incidentally, I sometimes wonder just what officials of government would be charged with the responsibility for determining when facilities were exactly equal. In the study of the case, it became clear to me that the questions asked the Attorney General by the Supreme Court demanded answers that could be determined only by lawyers and historians. Consequently, I have been compelled to turn over to the Attorney General and his associates full responsibility in the matter. He and I agreed that his brief would reflect the convictions of the Department of Justice as to the legal aspects of the case, including, of course, the legislative history of the enactment of the 14th Amendment. In rendering an opinion as to these phases of the case, it is clear that the Attorney General had to act according to his own conviction and understanding.3 We further agreed that no political consideration of any kind was to be given any weight whatsoever--and that, no matter what his legal conclusions might be, the principle of local operation and authority would be emphasized to the maximum degree consistent with his legal opinions. Two or three court decisions of recent years have, as you know, tended to becloud the original decision of "equal but separate" facilities. One of these decisions, I am told, even held that a Negro in graduate school attending exactly the same classes as whites, but separated from them by some kind of railing, was held to be the victim of discrimination and could not be so separated from the white students.4 This and other decisions had all, of course, to be considered by the Attorney General and his staff. But I am sure that you have no doubt as to the complete integrity and broad capacity of the Attorney General--even if in this case I suspect you may question his legal wisdom. In any event, I appreciate your letter and the trouble you are taking to keep me informed as to your views. Whatever the outcome, I hope most fervently that all of us may work together as to insure the steadiness of progress toward justice for all in the United States.5 With warm personal regard, Sincerely 1 Byrnes had written on November 20 to state even more strongly than before his position on the upcoming school segregation cases before the Supreme Court (AWF/N). For background see nos. 334, 341, and 382. Byrnes said that he hoped Eisenhower might influence Attorney General Brownell, who had been charged with rendering an opinion on the intent of the Fourteenth Amendment. Byrnes pointed out that the United States Supreme Court had held that the "14th Amendment did not prohibit a state from enacting a law requiring separation of races in public schools provided equal facilities were furnished all students." "The Court," he argued, "has no right to legislate. That is the duty of the legislative branches of the federal and state governments." For background on the High Court's request for assistance from the Attorney General see no. 390; see also Public Papers of the Presidents: Eisenhower, 1953, p. 791. There are two drafts of this letter in AWF/Drafts; one draft shows Eisenhower's extensive emendations. Eisenhower would send copies to Brownell and to General Paul T. Carroll. 2 On the "separate but equal" doctrine, see Plessy v. Ferguson, 163 U.S. 537 (1896); Durham, A Moderate Among Extremists, pp. 16-20; and Kluger, Simple Justice, pp. 73-83. 3 Byrnes had assumed that Eisenhower would "personally consider" the Administration's reply to the Supreme Court (see Ambrose, Eisenhower, vol. II, The President, pp. 142-43). 4 See McLaurin v. Oklahoma State Regents for Higher Education, 339 U.S. 637 (1950); and Kluger, Simple Justice, pp. 266-69, 280-84. 5 On December 2 Eisenhower would read Brownell the redrafted version of this letter (Telephone conversations, AWF/D). Brownell approved and commented further that Chief Justice Warren had told him that the Justice Department's brief on segregation was "outstanding." For background on this controversial brief see Herbert Brownell, with John P. Burke, Advising Ike: The Memoirs of Attorney General Herbert Brownell (Lawrence, Kans., 1993), pp. 189-95, 357-58; and Kluger, Simple Justice, pp. 650-52; for another view see Robert Fredrick Burk, The Eisenhower Administration and Black Civil Rights (Knoxville, Tenn., 1984), pp. 133-42, 148-50. The debate would continue until May 1954, when the Supreme Court would hand down its historic decision declaring school segregation unconstitutional. For developments see no. 1121. Bibliographic reference to this document: Eisenhower, Dwight D. Personal and confidential To James Francis Byrnes, 1 December 1953. In The Papers of Dwight David Eisenhower, ed. L. Galambos and D. van Ee, doc. 574. World Wide Web facsimile by The Dwight D. Eisenhower Memorial Commission of the print edition; Baltimore, MD: The Johns Hopkins University Press, 1996, http://www.eisenhowermemorial.org/presidential-papers/first-term/documents/574.cfm <--PREV Doc #573  |  Memorial Commission Home Page  |  First Term Table of Contents  |  Presidential Papers Home Page  |  Doc#  |  NEXT--> Doc #575

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