Andrzej I: Thank you very much. I wanted to highlight a major figure who served in the Vietnam War and James Stockdale was in Vietnam in 1965, so I decided to talk about him for a bit. Stockdale had a very interesting life and is a hero more people should know about. Plus Stockdale gave me a chance to give you a glimpse of the future.
Speaking of heroes, Bob Dole passed away last month at 98.
DensleyBlair: I am doing very well in Vietnam, which makes me nervous. Every time it looks like I am winning the Vietnam War, the enemy does something that sets me back.
Historically Malcolm X was assassinated in February 1965. Since he is a major figure that I haven't gotten around to talking about, this seemed as good a time as any to write about him. Reading and listening to his rhetoric, Malcolm X could very easily be talking about today as opposed to the 1950s and the 1960s.
That's the thing about the Forbes Presidency. He's coming into office at a tumultuous time in America, having to deal with anti-war protest, racial strife, and the emergence of the counterculture.
El Pip: The South Vietnamese government has certainly been callow, which has cast a cloud over the American effort in Vietnam.
Vietnam War veteran Phil Caputo was among the Americans who were evacuated from Saigon before it fell to the North Vietnamese in April 1975. He was helicoptered to a US aircraft carrier offshore. After he got onto the deck, he looked around at the US military hardware and thought "We got whipped by a bunch of peasant guerillas." While military hardware helps, it doesn't always guarantee victory. Just ask the Germans invading Russia in late 1941.
Of course, I am fighting the Vietnam War using a HOI2 mod...and we all know that HOI games have "issues" in presenting combat.
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The Civil Rights Act of 1965
“If you can get 75% of what you are asking for, I say you take it and fight for the rest later.”
-California Senator Ronald Reagan (Republican; 1965-1972)
For the President of the United States, Congress is a double-edged sword. On the one hand, it can be a willing partner in the enactment of the President’s agenda. On the other hand, Congress can completely prevent him from getting anything done. For some Presidents, one Senator in particular had the power to stymie them. When Democratic President Woodrow Wilson (1913-1921) submitted the Treaty of Versailles to the Senate for ratification in 1919, a group of Republicans led by Henry Cabot Lodge of Massachusetts offered to support the treaty in exchange for attaching reservations to it clarifying how the treaty would be implemented in the United States. Believing that the treaty ending World War One should be accepted as is, the President flat out refused to compromise with Lodge. By not securing his support, Wilson lacked the votes needed to get the Treaty of Versailles ratified. Another President who refused to compromise with a powerful Senator, much to his own detriment, was Thomas E. Dewey (1945-1953). A moderate Eastern Establishment Republican, Dewey bitterly butted heads with Robert A. Taft – who led the conservative wing of the GOP – over the direction of the post-World War Two domestic agenda. Both men stubbornly believed that their way was the only way and were completely unwilling to find common ground. The Dewey-Taft Feud led to a shutdown of the Federal Government in 1950, which cost the Republicans control of Congress in the November midterm election. The President once made the eyebrow-raising remark that Taft had
“carnal relations with himself”; when he was asked by a reporter for his opinion of Dewey, the Ohio Senator replied icily that
“you have to get to know him to dislike him.”
Then there was Democratic President John Sparkman (1954-1961). When he publicly denounced the Supreme Court’s unanimous landmark Brown v. Board of Education of Topeka decision (which ruled that segregated schools were unconstitutional) in May 1954, Democratic Senator Hubert Humphrey decided to punish him by organizing a liberal blockade of his agenda. Almost none of Sparkman’s proposals or appointments made it through the Senate in 1954. The Humphrey Blockade was finally lifted at the start of 1955 when the President and the Minnesota Senator personally negotiated a deal: in exchange for allowing his agenda to go through, Sparkman promised to suppress his Deep South views on race and to pick a pro-civil rights running mate when he ran for his own term in 1956 (which is one of the reasons why he chose Washington Senator Henry M. Jackson).
A decade later, the issue of civil rights put Republican President Malcolm Forbes on a collision course with a Senator from his own party: Barry Goldwater. Ideologically, the two men couldn’t have been any more different. Forbes was a moderate Eastern Establishment Republican while Goldwater emerged in the early 1960s as one of the nation’s leading conservatives. Their contrasting views were put on full display during the 1964 Republican presidential primaries in which the crowded field of GOP White House hopefuls quickly became a two-man race between the New Jersey Governor and the Arizona Senator. The media naturally compared the ideological Forbes-Goldwater duel with the Dewey-Taft Feud. However, there was a major difference between the two: Forbes and Goldwater didn’t hate each other’s guts. Unlike other Eastern Establishment Republicans, Forbes didn’t portray Goldwater as a radical extremist but rather as a decent man whose views he respectfully disagreed with. When he was criticized by some for not going after Goldwater personally, Forbes pragmatically pointed out that
“You want me to call Barry ‘dangerous’. I can’t do that and expect his supporters to vote for me.”
For his part, Goldwater recognized that Forbes sincerely wanted to work with conservatives rather than go to war with them the way Dewey had. After losing the critical winner-take-all California primary to Forbes, Goldwater dropped out of the race and threw his support behind his rival. In his mind, getting fellow Republicans elected to public office over Democrats outweighed sharing the same ideological views. His die-hard supporters didn’t see it that way however. When Forbes was declared the Presidential nominee at the Republican National Convention in San Francisco, California, pro-Goldwater delegates loudly booed it. This incensed Goldwater, who immediately went to the convention hall and mounted the podium. Not bothering to hide his disgust at this display of poor sportsmanship, he admonished his unruly delegates:
“This country is too important for anyone’s feelings. This country, and its majesty, is too great for any man, be he conservative or liberal, to stay home and not work just because he doesn’t agree [with the choice of the convention]. Let’s grow up, conservatives! If we want to take this country back, and I think we can this year, let’s get to work! Governor Forbes wants to work with us; we need to work with him!”
During the campaign that fall, it was evident that the two former rivals genuinely liked and respected each other. Goldwater urged his fellow conservatives to get behind Forbes and filmed a campaign commercial explaining why he was backing him for President. Forbes made campaign stops in Arizona to back Goldwater’s Senate race against Democrat Roy Elson. On Election Night, the re-elected Senator was among the first to call Forbes to congratulate him on his election to the Presidency. Looking to strengthen his ties with Goldwater further, the President-elect tapped his friend William Rehnquist to serve as Solicitor General (who represents the Federal Government at the Supreme Court).
That Goldwater (above) would be his biggest obstacle in trying to pass a civil rights bill was something Forbes did not at all anticipate when he publicly unveiled it during his first prime time address to the nation from the Oval Office on March 4th, 1965. Forbes had deliberately chosen that date for the speech, as it marked the 100th anniversary of Republican President Abraham Lincoln’s Second Inaugural Address. Delivered as the American Civil War was finally drawing to a close after four bloody years, Lincoln had eloquently laid out his postwar vision of bringing the defeated Southern states back into the Union without harshly punishing them and to heal the nation which had been violently torn apart by slavery:
“With malice toward none, with charity for all, with firmness in the right as God gives us to see the right, let us strive on to finish the work we are in, to bind up the nation’s wounds, to care for him who shall have borne the battle and for his widow and his orphan, to do all which may achieve and cherish a just and lasting peace among ourselves and with all nations.”
Forbes began his speech by pointing out the historical significance of the day, noting that in the century since Lincoln spoke his immortal words,
“there is much work that still needs to be done in order for this Nation to be one in which there is ‘malice toward none’ and ‘charity for all’.”
“This Nation was founded on the principle that all men are created equal, and yet American citizens who happen to be Negro are denied the rights that American citizens who happen to be White take for granted. American citizens who happen to be White can attend any public institution they choose, receive service in places of public accommodation, such as hotels and restaurants and theaters and retail stores, to register and to vote in a free election. This has not been the case for American citizens who happen to be Negro.
American citizenship, and the privileges that come with it, should have no regard for one’s race or color. Every American citizen should have the right to be treated as they would wish to be treated, but this is not the case.”
He listed some national statistics which highlighted the disparities between Whites and Blacks:
- Blacks had one-half as much chance of graduating from high school as Whites
- Blacks had one-third as much chance of graduating from college as Whites
- Blacks had one-third as much chance of getting a professional job as Whites
- Blacks had twice as much chance of becoming unemployed as Whites
- Blacks had one-seventh as much chance of earning $10,000 a year as Whites
- The life expectancy for Blacks was 7 years shorter compared to Whites
- Blacks were paid only half as much as Whites
“As disappointing as these numbers are, there is cause for hope. Over the past decade or so, legal actions have been taken against segregation. Men of good will and generosity have united regardless of party or politics against discrimination.”
The most obvious improvement for African-Americans in recent years was in the voting booth. The passage of the Voting Rights Act of 1963 guaranteed everybody who was 21 or older the right to vote, giving Blacks political power that they hadn’t freely enjoyed before. The President pointed out that in 1964,
“Negroes across this Nation were elected to town councils and magistrates courts. In some of the Southern states, Negroes were elected sheriffs. Elected offices whose doors have long been closed to the Negroes because of the color of their skin have now been opened.”
Having secured the right to
“vote for the public officials who represent them,” Forbes declared that the time had come in which
“our Negro citizens are fully afforded the rights and opportunities that come with being a citizen of this Nation.”
That was when he announced he was sending a civil rights bill to Congress
“which will fully free our Negro citizens from social and economic oppression that have rendered them second-class citizens.”
His sweeping bill would ban segregation nationwide.
“This legislation, when enacted by the Congress, will give all Americans the right to be served in facilities which are open to the public. Hotels, restaurants, theaters, retail stores, and similar establishments will no longer be permitted to deny service based on the color of one’s skin.
This should be an elementary right. That it is denied is an arbitrary indignity that no American in 1965 should have to endure.”
He acknowledged that some places of public accommodation, feeling the pressure of newly enfranchised African-Americans,
“have taken voluntary action to end this discrimination. Many however are unwilling to act on their own accord. It is for this reason that nationwide legislation is needed in order to end this discrimination in all places.”
In addition, his bill would also fully end segregation in public education.
“Ever since the Supreme Court’s decision 11 years ago, many districts have been persuaded to desegregate voluntarily. Dozens have admitted Negroes without violence. Today a Negro is attending a State-supported institution in every one of our 50 States, but the pace is slow.
There are still too many Negroes attending segregated grade schools and segregated high schools. The lack of an adequate education denies the Negro a chance to get a decent job. Unemployed, Negroes living in every city of the North as well as the South are without hope for their future. This legislation, when enacted by the Congress, will give them the hope of a better future, both for themselves and for their families.”
“My fellow Americans,” the President said in his close,
“The denial of equal rights is a matter that should concern us all. We should not be content to say that the chance to develop your talents is based only on the color of your skin. We need to make our country better than that. We need to make our country one in which every citizen has the equal right to develop their talent and their ability and their motivation, to make something of themselves.”
The next morning, while the President’s speech received praise from Martin Luther King Jr. and other civil rights advocates (and condemnation from the opponents of civil rights), the civil rights bill banning segregation and discrimination arrived on Capitol Hill. Congressional reaction to the bill was mixed. Southern Democrats, long the champions of segregation, predictably came out against it. They called it a
“clearly unconstitutional” Republican attack on states’ rights and vowed to fight it with everything they had.
“The fundamental question,” one of them declared,
“Is whether or not Congress has the power to take away the liberty of an individual to run his business as he sees fit in the selection and choice of his customers.”
While their anti-civil rights rhetoric was typical, it also felt like they were merely going through the motions of putting up a resistance. The passage of the Voting Rights Act had critically undermined the Jim Crow system of racial segregation which had been in place since the end of Reconstruction in the 1870s, leading Georgia Senator Richard Russell Jr. – who was one of the more realistic segregationists – to warn his fellow Southern Democrats that they couldn’t stop civil rights forever now that
“the Negro can vote whenever they please.”
Then there was the simple fact that Southern Democrats, historically a political force to be reckoned with in Congress, didn’t control the levers of power in the 89th Congress. Republicans had the majority in both the House of Representatives (264-171) and the Senate (53-47), putting them in charge of all the Congressional committees and giving them the power to set the agenda on Capitol Hill. Stripped of any meaningful power, all Southern Democrats could do was attack the civil rights bill and argue against its’ passage.
“I could agree with almost everything the President said,” Florida Senator George Smathers stated,
“But I don’t really believe we need additional legislation. There are plenty of laws on the statute books, and the way the courts have been operating, there is no need of additional legislation to give the Negro his every right.”
Polls at the time revealed that the public wasn’t on their side. A June 1964 poll showed that 49% of respondents favored a public accommodation law, with 42% against it. When the same poll was taken again in January 1965, the number of people who favored the law had climbed to 61%. Even in the South, the percentage of people who were against banning discrimination in public places shrank from 82% in June 1964 to 72% in January 1965. Another poll taken in the South at the beginning of the year showed that 83% of respondents believed that racial integration was inevitable, with 49% predicting that it would come about by 1970.
(Georgia Senator Richard Russell Jr.)
While Southern Democrats voiced their opposition to the President’s comprehensive civil rights bill, Republicans came out for it. As some supportive Republicans were quick to remind people, the GOP was the Party of Lincoln, the political party that ended slavery and desegregated the United States military. Banning discrimination against blacks and ending segregation once and for all was their natural inclination.
“Neither caste nor creed,” Senate Majority Leader Frederick F. Houser of California declared,
“Have any part in our American system.”
The bill was taken up first by the House of Representatives, where Speaker of the House Gerald Ford of Michigan promised swift passage. He sent it to the powerful Rules Committee, which determines how bills are considered by the House. There were 15 members on the Rules Committee: 10 Republicans (all chosen by Ford) and 5 Democrats (all chosen by Minority Leader John W. McCormack of Massachusetts). The Chairman of the Rules Committee was Clarence J. Brown of Ohio, a staunch conservative who also championed civil rights. Believing the civil rights bill to be long overdue, Brown opened hearings on the bill on March 9th. The hearings lasted three weeks; on March 30th, the measure was reported out of the Rules Committee with a positive recommendation. It was immediately sent to the House floor for debate and final vote. The House approved an amendment to a provision which prohibited employers from discriminating on the basis of national origin, race, and religion to also include prohibiting employers from discriminating on the basis of sex. On April 12th, just over 5 weeks since its arrival on Capitol Hill, the House of Representatives passed the Civil Rights Act of 1965 by a vote of 325 to 110. 220 Republicans and 105 Democrats voted for it while 44 Republicans and 66 Democrats voted against it.
(Rules Committee Chairman Clarence J. Brown)
The President received the news as Air Force One was making its’ descent into Andrews Air Force Base from a trip to Asia. He stepped off the plane visibly jubilant. The House had approved his bill by a wide margin; now it would go onto the Senate, which Forbes confidently believed would consider it quickly and send it to his desk for his signature. Halfway to his goal of banning segregation and discrimination, he must have thought
“What could possibly go wrong?”
Two words: Barry Goldwater. The Arizona Senator called the White House the next day and requested a meeting with the President. He was told to come as soon as possible. Upon arriving at the Executive Mansion, Goldwater was ushered into the Oval Office, where he was warmly welcomed by his friend. After exchanging pleasantries, the plain-speaking and bluntly honest Senator got straight to the point:
“Mr. President, I want you to know that I cannot support this civil rights bill that passed the House yesterday.”
Forbes was surprised by his announcement, to say the least. Goldwater had after all voted for the Voting Rights Act and had been supportive of desegregation throughout his life. The President listened intently as a member of the NAACP and the National Urban League explained his reason for opposing the Civil Rights Act. His problem with the bill was that it outlawed discrimination in all places of public accommodation and that it outlawed discrimination in hiring workers. He believed that it was an unconstitutional overreach of the Federal Government to tell private businesses who they could serve and who they could hire. Back in the 1930s, when he ran an upscale department store in Phoenix, Goldwater had voluntarily desegregated it. His personal experience shaped his view that
“it should be up to the individual businesses to decide if they want to integrate or not, not the government.”
Forbes respectfully disagreed. He believed the Federal Government had the constitutional right to regulate businesses and to ensure that people had the equal opportunity to gain employment. He also thought it was ridiculous and counterproductive for businesses to refuse serving customers just because they were black.
“The point of a business is to make money. It shouldn’t matter whether the person who wants to give you their money is a white person or a Negro. Money is money...and you need money in order to operate.”
With the two men completely at odds over the constitutionality of the Civil Rights Act, the meeting came to an end. Shortly after Goldwater left the Oval Office, Forbes received a phone call from Houser.
“Mr. President, I heard Barry went to see you about the civil rights bill.”
When asked who told him, the Majority Leader answered that Goldwater had gone to him first to relay his intention before he called up the White House.
“What do you think of his position?”
“I think Barry is wrong to oppose the bill and I tried to change his mind about it, with no luck. He is going to vote against it, but I don’t think losing his vote is going to stop the bill from being passed.”
“Well actually, Mr. President,” there was a noticeable change in Houser’s voice, as if he was about to be the bearer of bad news,
“Losing Barry’s vote is going to stop the bill from being passed.”
For the second time that day, Forbes was surprised by what he heard from a member of his own political party. He pressed Houser to explain what he meant. The Majority Leader explained that Goldwater was the leader of the conservative wing of the GOP in the Senate. If he opposed the measure, other conservative Senators would follow his lead. Very much a numbers man, the President did some quick math in his head. There were 53 Republicans in the Senate; if the conservatives didn’t back the Civil Rights Act, it would be in trouble. What he didn’t know yet was exactly how much trouble it would be in.
“Fred, I want you and Hubert [Humphrey] here the first thing tomorrow morning. We need to discuss this face-to-face.”
On April 14th, the 100th anniversary of President Lincoln being shot in the back of the head by John Wilkes Booth while watching a play at Ford’s Theatre, the Republican and Democratic Senate leaders arrived at the White House bright and early. Perhaps respecting the fact that he was the Minority Leader, Humphrey stayed a few steps behind Houser as they were led to the Oval Office. Inside, Forbes and Vice President Everett Dirksen were waiting for them. Because Dirksen was the President of the Senate and had been the GOP Senate leader at the time Forbes tapped him to be his running mate, the President asked him to attend the meeting. Sitting on couches in the middle of the room, the four men discussed Goldwater’s intention to vote “No” and what that meant for the Civil Rights Act going forward. Once the bill left the Senate Judiciary Committee and went to the Senate floor for a debate and a final vote, Southern Democrats would filibuster it. This tactic would allow them to hold up the bill indefinitely. The only way to overcome their filibuster was to invoke cloture, which would end the debate and force a floor vote. Cloture required the support of two-thirds of the Senate.
“This is where we are stuck,” Houser stated, Humphrey concurring with a nod of his head.
“We would basically need everybody who is not from the South to support cloture.”
“Which is almost impossible to achieve,” Dirksen chimed in. Without the conservatives, there weren’t enough liberal and moderate Senators from both parties to reach the two-thirds threshold of 67. Crossing his arms, Forbes leaned back in his seat and glanced first at Dirksen (who was sitting right next to him) and then at Houser and Humphrey (who were sitting right across a table from them).
“We know we don’t have Barry’s vote. Can we really assume all the other conservatives won’t vote for it as well?”
He got an idea of what other conservative Republican Senators were thinking on April 18th, when Ohio Senator Robert Taft Jr. appeared on “Face the Nation” (CBS). Taft hailed from a prominent political family. His father had been Dewey’s nemesis and the 1952 Republican Presidential nominee. His grandfather William Howard Taft had been President of the United States (1909-1913) and Chief Justice of the Supreme Court (1921-1930). When asked where he stood on the Civil Rights Act, Taft expressed his opposition to it for the same reasons Goldwater did. With Taft also being a “No” vote, the President received a phone call from the Chairman of the Senate Judiciary Committee. In light of the conservatives coming out against the bill, he informed him that he was reluctantly tabling it (meaning he was suspending consideration of it). He warned the President that if his committee sent the bill to the Senate floor now,
“it will be filibuster to death.”
Hanging up the phone, Forbes looked out the Oval Office windows to the beautiful spring day outside and breathed a heavy sigh. His civil rights bill, which had breezed through the House of Representatives, was going nowhere in the Senate because of his own political party.
(Ohio Senator Robert Taft Jr.)
Not willing to give up yet, the President spent the next few weeks trying to get conservatives to support his bill. He invited Senators individually to the White House for private meetings aimed at winning them over. That didn’t work. He invited Goldwater to Camp Ewing, the wooded Presidential retreat in Maryland, to have a second go at convincing him to change his mind. That didn’t work either. In a last ditch effort, Forbes called MLK and asked him if he would be willing to meet with the Senators and try to persuade them. As one of the nation’s leading orators, King replied that he would be willing to try anything
“to get this bill passed and to your desk.”
Goldwater, Taft, Reagan, George H.W. Bush of Texas, and other GOP Senators sat around the table in the Cabinet Room of the White House and listened as MLK made the moral case for the Civil Rights Act. They were silent as he spoke of
“a dream” he had in which
“my four little children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character.”
It was a powerful performance by one of America’s finest speakers, but even that wasn’t enough to move the Senators. Having failed to change minds, Forbes was forced to admit that
“if Martin Luther King can’t do it, nobody can.”
The stalemate over the bill stretched on through the spring and into the summer. The conservatives were dug in and the President’s efforts at arm-twisting had completely failed. Southern Democrats of course were very happy about all this; the Civil Rights Act had been stopped completely in its tracks without them having to lift a finger. In late June, a few days after King’s unsuccessful White House pitch, over 3,000 civil rights activists gathered outside the Capitol Building and demanded that the Senate immediately take up and pass the Civil Rights Act.
“We are getting tired of waiting,” one speaker shouted,
“We want action and action now!”
They were ignored; shortly after the demonstration, Congress went on summer recess without having done anything more. It looked like the President’s bill was going down in defeat just as other civil rights measures had in the past.
(Martin Luther King Jr. addressing reporters following his White House pitch for the Civil Rights Act of 1965)
In the summer of 1965, singer Jackie DeShannon proclaimed on the radio that “What the World Needs Now Is Love.” A bipartisan group of moderate Senators decided that what the country needed now was a new approach to breaking the impasse. Working quietly, they drafted a compromise civil rights bill. When Congress returned from summer recess, they went to the White House and presented it to the President. Like Forbes’ languishing bill, the compromise bill:
- Prohibited state and municipal governments from denying access to public facilities on the basis of race, color, religion, or national origin
- Enforced the desegregation of public schools
- Strengthened the Civil Rights Commission (established by the Jackson Administration in January 1961)
- Prohibited programs and activities which received Federal funds from engaging in discrimination on the basis of race, color, or national origin
Unlike Forbes’ bill, the compromise bill didn’t:
- Outlaw discrimination based on race, color, religion, or national origin in hotels, motels, restaurants, theaters, or any other public accommodations
- Prohibit discrimination by employers on the basis of race, color, religion, or national origin
By removing the controversial public accommodations and employment provisions, the moderate Senators believed it would appease the conservatives while still giving civil rights supporters a bill with teeth. After looking the bill over, the President handed it back to the group and told them that “
if you believe your bill has a better chance, then go ahead with it.”
Discussing the compromise bill with Dirksen afterwards, Forbes admitted that he had resigned himself to the fact that he wasn’t going to get his civil rights bill passed. Dirksen, who privately had reservations about the public accommodations and employment provisions, told the President that he was doing the right thing in giving the compromise bill his green light. The Vice President, who was experienced in the ways of the Senate, thought it was better
“to get a deal done than to keep fighting for a bill that is never going to be voted on.”
The group next took their legislation to Goldwater.
“This is a bill I can accept,” the Arizona Senator informed his colleagues after reviewing it. Other than the public accommodations and employment provisions, he supported the other provisions in the original bill. Once Goldwater had signed onto the compromise, the other conservative Senators fell into line behind it. After three months of doing nothing about civil rights, the Senate finally began to take action. On July 28th, the Chairman of the Senate Judiciary Committee announced that his committee would consider the compromise civil rights bill. James Eastland of Mississippi, the Ranking Democrat, tried to stop the bill from getting out of the committee but was ultimately unsuccessful. On August 9th, the Senate Judiciary Committee approved the bill and sent it to the Senate floor for debate. As expected, Southern Democrats immediately launched a filibuster in order to prevent the passage of what they saw as
“a bill which will bring about social equality and intermingling and amalgamation of the races in our states.”
The Senate Majority Leader gave them a few days to entertain their filibuster and then pounced on them like a waiting tiger. On Friday, August 13th, Houser filed a cloture petition to end the filibuster and move the bill to a vote. With the conservative Republicans on board, Houser got the required two-thirds (83-17). 52 Republicans and 31 Democrats voted for it while 1 Republican and 16 Democrats voted against it. This was an historic moment; for only the second time in its history had the Senate seen cloture invoked on a civil rights measure. With the filibuster now terminated, he scheduled a vote for the following Monday. When the Senate reconvened on August 16th, the Southern Democrats filed into the chamber looking visibly depressed. They knew they couldn’t prevent the bill from passing and that they were about to experience their second major legislative defeat in two years. Their days of killing any civil rights bill which reached the upper chamber were now over. Before they had entered the chamber, a deflated Russell said out loud what everyone else was thinking:
“The jig is up.”
With Dirksen presiding, the Senate proceeded to approve the compromise civil rights bill by a wide margin: 84-16. 52 Republicans and 32 Democrats voted for it while 1 Republican and 15 Democrats voted against it. Democrat Carl Hayden of Arizona voted “No” on cloture but “Yes” on the civil rights bill. The only Republican who voted against both was James D. Martin of Alabama. Bush subsequently went home to Texas to explain to angry constituents why he had voted for the legislation when his Democratic counterpart John Connally had voted against it:
“I voted from conviction. I knew it would be unpopular. I knew it would be emotional, but I did what I thought was right. What more can I tell you?”
The bill then went to the House of Representatives, which approved it a week later (309-126). 229 Republicans and 80 Democrats voted for it while 35 Republicans and 91 Democrats voted against it. The removal of the public accommodations and employment provisions gained 9 votes from conservative Republicans but lost 25 votes from liberal Democrats.
(Alabama Senator James D. Martin, the lone Republican “No” vote)
On August 24th, flanked by his Vice President, Congressional leaders from both political parties, MLK, and other civil rights advocates, Forbes signed the Civil Rights Act of 1965 into law. Watching the White House ceremony at home on television, Russell could feel tears forming in his eyes. The tears were a reflection of his knowledge that the old Dixie South, which he had been born and raised in, which he had championed and defended his entire life, was dying right in front of his eyes. The South’s way of life, which for a century had stood for segregation and the oppression of African-Americans, was crumbling and White Southerners were being forced to change their ways whether they liked it or not. To be sure, blacks faced discrimination in other parts of the country, but the South had made discrimination part of her regional identity through the open embrace of “Whites Only” signs and the violence-wielding Ku Klux Klan. That defining identity was heading unstoppably towards an end. A New South, one which was more progressive and more accepting of blacks, was beginning to emerge. That the compromise Civil Rights Act didn’t ban discrimination in public accommodations and employment hardly provided any comfort to the aging Georgia Senator. He knew that civil rights activists would now double-down on their grassroots campaign of public pressure, protesting and boycotting businesses which didn’t voluntarily integrate (and rewarding businesses that did with increased patronage). Some businesses of course would stubbornly refuse to give in no matter what, but other businesses would in time succumb to the public pressure and desegregate on their own accord. By the time Congress passed the Civil Rights Act of 1971 – the same year Russell passed away – which at last banned discrimination in public accommodations and employment, it was more to bring bitter-end businesses into line with the rest of the country rather than forcing the entire country to change. While he was disappointed that the compromise Civil Rights Act of 1965 didn't go as far as his original bill, Forbes was nonetheless pleased that he was able to sign a significant civil rights bill into law. The ink of his signature was barely dry when a race riot erupted in the predominantly black Watts neighborhood of Los Angeles, California.