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Chapter Eight. “The Law of the Land”: Federal Intervention and the Civil Rights Act

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White Flight
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CHAPTER EIGHT“The Law of the Land”:Federal Intervention and the Civil Rights ActONJULY26, 1963, Mayor Ivan Allen Jr. walked into the hearing room ofthe Senate Commerce Committee, dressed in a dark suit and more than alittle nervous. Here, the crowd recognized, was a political curiosity, if nota complete contradiction in terms—a white southern politician coming tourge the federal government to enact the strongest and most significantpiece of civil rights legislation in the country’s history, what would be-come the Civil Rights Act of 1964. As Allen began his testimony, oneof the spectators, Alistair Cooke, noted that he spoke in “a soft, almostapologetic Southern tone . . . without bombast and without much self-esteem, either.” “Atlanta has achieved some success in eliminating dis-crimination in areas where some cities have failed, but we do not boastof our success,” Allen began. “We say with humility that we haveachieved our measure of success only because we have looked facts in theface and accepted the Supreme Court’s decisions as inevitable and as thelaw of the land.” There had been successes in the struggle over segrega-tion, but it wasn’t over. What Atlanta and the rest of the nation needednow, he insisted, was “a clear definition from Congress” on how to uprootracial discrimination. “I have heard dozens of businessmen say that ifthere had been a court order or definition by Congress, it would havebeen easier to desegregate,” the mayor testified. Congress’s failure to act,he said, “would amount to an endorsement of private business setting upan entirely new status of discrimination throughout the Nation. Citieslike Atlanta,” he warned, “might slip backward.”1Predictably, the committee reacted along sectional lines. Senator JohnPastore of Rhode Island, the acting chairman and an advocate of civilrights legislation, praised Allen for his “courage.” From the other end ofthe spectrum, Senator Strom Thurmond of South Carolina, a die-hardsegregationist, tried to trap the mayor. “I observe from what you say,” henoted, “that the progress that has been made in your city, though, inalmost all cases, has been by voluntary action.” “Yes sir,” Allen replied.“Don’t you feel,” Thurmond continued, “that less tension results whenthere is voluntary action?” Allen saw the trap. Thurmond was trying touse Atlanta’s past successes in civil rights as a reason fornotpassing thelegislation. Allen held his ground, insisting that businessmen wanted some
© 2019 Princeton University Press, Princeton

CHAPTER EIGHT“The Law of the Land”:Federal Intervention and the Civil Rights ActONJULY26, 1963, Mayor Ivan Allen Jr. walked into the hearing room ofthe Senate Commerce Committee, dressed in a dark suit and more than alittle nervous. Here, the crowd recognized, was a political curiosity, if nota complete contradiction in terms—a white southern politician coming tourge the federal government to enact the strongest and most significantpiece of civil rights legislation in the country’s history, what would be-come the Civil Rights Act of 1964. As Allen began his testimony, oneof the spectators, Alistair Cooke, noted that he spoke in “a soft, almostapologetic Southern tone . . . without bombast and without much self-esteem, either.” “Atlanta has achieved some success in eliminating dis-crimination in areas where some cities have failed, but we do not boastof our success,” Allen began. “We say with humility that we haveachieved our measure of success only because we have looked facts in theface and accepted the Supreme Court’s decisions as inevitable and as thelaw of the land.” There had been successes in the struggle over segrega-tion, but it wasn’t over. What Atlanta and the rest of the nation needednow, he insisted, was “a clear definition from Congress” on how to uprootracial discrimination. “I have heard dozens of businessmen say that ifthere had been a court order or definition by Congress, it would havebeen easier to desegregate,” the mayor testified. Congress’s failure to act,he said, “would amount to an endorsement of private business setting upan entirely new status of discrimination throughout the Nation. Citieslike Atlanta,” he warned, “might slip backward.”1Predictably, the committee reacted along sectional lines. Senator JohnPastore of Rhode Island, the acting chairman and an advocate of civilrights legislation, praised Allen for his “courage.” From the other end ofthe spectrum, Senator Strom Thurmond of South Carolina, a die-hardsegregationist, tried to trap the mayor. “I observe from what you say,” henoted, “that the progress that has been made in your city, though, inalmost all cases, has been by voluntary action.” “Yes sir,” Allen replied.“Don’t you feel,” Thurmond continued, “that less tension results whenthere is voluntary action?” Allen saw the trap. Thurmond was trying touse Atlanta’s past successes in civil rights as a reason fornotpassing thelegislation. Allen held his ground, insisting that businessmen wanted some
© 2019 Princeton University Press, Princeton

Chapters in this book

  1. Frontmatter i
  2. Contents vii
  3. List of Illustrations ix
  4. Acknowledgments xi
  5. Introduction 1
  6. Chapter One. “The City Too Busy to Hate”: Atlanta and the Politics of Progress 19
  7. Chapter Two. From Radicalism to “Respectability”: Race, Residence, and Segregationist Strategy 42
  8. Chapter Three. From Community to Individuality: Race, Residence, and Segregationist Ideology 78
  9. Chapter Four. The Abandonment of Public Space: Desegregation,Privatization,and the Tax Revolt 105
  10. Chapter Five. The “Second Battle of Atlanta”: Massive Resistance and the Divided Middle Class 131
  11. Chapter Six. The Fight for “Freedom of Association”: School Desegregation and White Withdrawal 161
  12. Chapter Seven. Collapse of the Coalition: Sit-Ins and the Business Rebellion 180
  13. Chapter Eight. “The Law of the Land”: Federal Intervention and the Civil Rights Act 205
  14. Chapter Nine. City Limits: Urban Separatism and Suburban Secession 234
  15. Epilogue: The Legacies of White Flight 259
  16. Abbreviations 267
  17. Notes 269
  18. Index 313
Readers are also interested in:
https://doi.org/10.1515/9781400848973-011

Chapters in this book

  1. Frontmatter i
  2. Contents vii
  3. List of Illustrations ix
  4. Acknowledgments xi
  5. Introduction 1
  6. Chapter One. “The City Too Busy to Hate”: Atlanta and the Politics of Progress 19
  7. Chapter Two. From Radicalism to “Respectability”: Race, Residence, and Segregationist Strategy 42
  8. Chapter Three. From Community to Individuality: Race, Residence, and Segregationist Ideology 78
  9. Chapter Four. The Abandonment of Public Space: Desegregation,Privatization,and the Tax Revolt 105
  10. Chapter Five. The “Second Battle of Atlanta”: Massive Resistance and the Divided Middle Class 131
  11. Chapter Six. The Fight for “Freedom of Association”: School Desegregation and White Withdrawal 161
  12. Chapter Seven. Collapse of the Coalition: Sit-Ins and the Business Rebellion 180
  13. Chapter Eight. “The Law of the Land”: Federal Intervention and the Civil Rights Act 205
  14. Chapter Nine. City Limits: Urban Separatism and Suburban Secession 234
  15. Epilogue: The Legacies of White Flight 259
  16. Abbreviations 267
  17. Notes 269
  18. Index 313
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