James Eastland

Last updated • 10 min readFrom Wikipedia, The Free Encyclopedia

This decision reveals an alarming tendency to destroy the sovereignty of the states. Our supreme court is usurping the legislative function, and Congress may yet prove the last citadel of constitutional government. [49] [50]

As a member of the Senate Judiciary Committee, Eastland would alongside fellow southerners Olin D. Johnston of South Carolina and Harley M. Kilgore of West Virginia be one of three senators to report negatively on Earl Warren when President Eisenhower nominated him to the Supreme Court. [51] He later was one of eleven senators to vote against John Marshall Harlan II [52] and one of seventeen to vote against Potter Stewart. [53] When the Supreme Court issued its decision in the landmark case Brown v. Board of Education , ruling that segregation in public schools was unconstitutional, Eastland, like the majority of Southern Democrats, denounced it. In a speech given in Senatobia, Mississippi on August 12, 1955, he announced:

On May 17, 1954, the Constitution of the United States was destroyed because of the Supreme Court's decision. You are not obliged to obey the decisions of any court which are plainly fraudulent sociological considerations. [54]

Eastland would become actively involved with the White Citizens' Council, an organization which boasted 60,000 members across the South and was called "the new Klan that enforces thought control by economic pressures." [55] Eastland testified to the Senate ten days after the Brown decision: [56]

The Southern institution of racial segregation or racial separation was the correct, self-evident truth which arose from the chaos and confusion of the Reconstruction period. Separation promotes racial harmony. It permits each race to follow its own pursuits, and its own civilization. Segregation is not discrimination ... Mr. President, it is the law of nature, it is the law of God, that every race has both the right and the duty to perpetuate itself. All free men have the right to associate exclusively with members of their own race, free from governmental interference, if they so desire.

On July 24, 1957, interviewed by Mike Wallace on the occasion of the passing of the Civil Rights Act of 1957, Eastland said segregation was wanted by both races:

As I said, we have more Nigra professional men, more businessmen, we have substantial Nigra cotton planters. In fact, they have made more progress in the South than in the North. The master-servant relationship today is largely a Northern product. [57]

In the 1960s, Eastland belonged to the Genetics Committee of the Pioneer Fund. [58] [59] Civil rights workers Mickey Schwerner, James Chaney, and Andrew Goodman went missing in Mississippi on June 21, 1964, during the Freedom Summer efforts to register African American voters. Eastland tried to convince President Lyndon Johnson that the incident was a hoax and there was no Ku Klux Klan in the state. He suggested that the three had gone to Chicago: [60]

Johnson: Jim, we've got three kids missing down there. What can I do about it?

Eastland: Well, I don't know. I don't believe there's ... I don't believe there's three missing.

Johnson: We've got their parents down here.

Eastland: I believe it's a publicity stunt ...

Johnson once said:

Jim Eastland could be standing right in the middle of the worst Mississippi flood ever known, and he'd say the niggers caused it, helped out by the Communists. [61]

Senator Eastland with President Lyndon B. Johnson in 1968. LBJ with Eastland.jpg
Senator Eastland with President Lyndon B. Johnson in 1968.

Eastland, like most of his Southern colleagues, opposed the Civil Rights Act of 1964, which prohibited segregation of public places and facilities. Its passage caused many Mississippi Democrats to support Barry Goldwater's presidential bid that year, but Eastland did not publicly oppose the election of Johnson. Four years earlier he had quietly supported John F. Kennedy's presidential campaign, but Mississippi voted that year for unpledged electors. Although Republican Senator Goldwater was strongly defeated by incumbent Johnson, he carried Mississippi with 87.14 percent of the popular vote, which constitutes the best-ever Republican showing in any state since the founding of that party. [62] In 1964, almost all blacks in Mississippi remained excluded from voting, thus Goldwater's mammoth win essentially constituted the vote of the white population.

Eastland was often at odds with Johnson's policy on civil rights, but they retained a close friendship based on long years together in the Senate. Johnson often sought Eastland's support and guidance on other issues, such as the nomination of Abe Fortas in 1968 as Chief Justice of the United States. The Solid South opposed him. [63] In the 1950s, Johnson was one of three senators from the South who did not sign the Southern Manifesto of resistance to Brown v. Board of Education, but Eastland and most Southern senators did, vowing resistance to school integration.

Eastland lobbied for the appointment of his friend Harold Cox to a federal judgeship, promising John F. Kennedy, who planned to appoint Thurgood Marshall to the United States Court of Appeals, that he would permit Marshall's confirmation to go forward if Cox was also appointed to the bench. [64] This was in keeping with Kennedy's approach to handling Eastland; not wanting to upset the powerful chairman of the Judiciary Committee, Kennedy generally acceded to Eastland's requests on judicial appointments in Mississippi, which resulted in white segregationists dominating the state's federal courts. [64] Though Eastland agreed to allow Marshall's nomination to proceed, he and senators Robert Byrd, John McClellan, Olin D. Johnston, Sam Ervin, and Strom Thurmond, made unsuccessful attempts to block Marshall's confirmation to the Second Circuit Court of Appeals and the U.S. Supreme Court. [65]

In early 1969, Eastland went to Rhodesia and came back praising the White minority regime for the "racial harmony" supposedly lacking from America. [66] [67] According to Ken Flower, head of the Rhodesian Central Intelligence Operation, Eastland once complained about the fact an hostel of Salisbury was integrated, stating "You've inserted the thin end of the wedge by allowing stinking niggers into such a fine hotel". [68] [69] When he considered running for reelection in 1978, Eastland sought black support from Aaron Henry, civil rights leader and president of the National Association for the Advancement of Colored People. Henry told Eastland that it would be difficult for him to earn the support of black voters given his "master-servant philosophy with regard to blacks." [1] Eastland decided not to seek re-election. Partly because of the independent candidacy of Charles Evers siphoning off votes from the Democratic nominee, Maurice Dantin, Republican 4th District Representative Thad Cochran won the race to succeed Eastland. Eastland resigned the day after Christmas, enabling the governor to appoint Cochran to complete the last few days of Eastland's term, which gave Cochran a seniority advantage over other senators elected in 1978. After his retirement, Eastland remained friends with Aaron Henry and sent contributions to the NAACP, [70] [71] but he said that he "didn't regret a thing" in his public career.

Anti-Semitism

In 1968, after opposing the nomination of Abe Fortas to Chief Justice, Eastland, as chair of the Judiciary committee, said "After [Thurgood] Marshall, I could not go back to Mississippi if a Jewish chief justice swore in the next president." [72] In 1977, Eastland "sneer(ed) openly at Senator Jacob Javits, saying, 'I don't like you or your kind,' because Javits was Jewish." [73]

Anticommunism

Eastland served on a subcommittee in the 1950s investigating the Communist Party in the United States. As chairman of the Internal Security Subcommittee, he subpoenaed some employees of The New York Times to testify about their activities. The paper was taking a strong position on its editorial page that Mississippi should adhere to the Brown decision, and claimed that Eastland was persecuting them on that account. The Times said in its January 5, 1956 editorial:

Our faith is strong that long after Senator Eastland and his present subcommittee are gone, long after segregation has lost its final battle in the South, long after all that was known as McCarthyism is a dim, unwelcome memory, long after the last Congressional committee has learned that it cannot tamper successfully with a free press, The New York Times will be speaking for the men who make it, and only for the men who make it, and speaking, without fear or favor, the truth as it sees it. [74] [75]

Eastland subsequently allowed the subcommittee to become dormant as communist fears receded.

Marijuana

In 1974, Eastland led congressional subcommittee hearings into marijuana, the report on which concluded:

... five years of research has provided strong evidence that, if corroborated, would suggest that marijuana in various forms is far more hazardous than originally suspected. [76]

Relationship with FBI

Official U.S. Senate portrait of Eastland James eastland.jpg
Official U.S. Senate portrait of Eastland

Eastland was a staunch supporter of FBI Director J. Edgar Hoover, and shared intelligence with the FBI, including leaks from the State Department. An investigation initiated by Attorney General Robert F. Kennedy and executed by former FBI agent Walter Sheridan traced some of the unauthorized disclosures to Otto Otepka of the State Department Office of Security. [77] Hoover received intelligence that Eastland was among members of Congress who had received money and favors from Rafael Trujillo, dictator of the Dominican Republic. Eastland had regularly defended him from the Senate floor. Hoover declined to pursue Eastland on corruption charges. [78]

Later years

In his last years in the Senate, Eastland was recognized by most senators as one who knew how to wield the legislative powers he had accumulated. Many senators, including liberals who opposed many of his positions, acknowledged the fairness with which he chaired the Judiciary Committee, sharing staff and authority that chairmen of other committees jealously held for themselves. [79] He maintained friendly personal ties with liberal Democrats such as Ted Kennedy, [80] [81] Walter Mondale, Joe Biden [82] and Philip Hart, even though they disagreed on many issues. [79] Following Johnson's retirement from the White House, Eastland frequently visited Johnson at his Texas ranch. [79]

In an event recounted by Patrick Leahy in his 2022 memoir, Ted Kennedy once sought to advance in the Judiciary Committee a bill that Eastland opposed. [83] Eastland promised Kennedy that if Kennedy secured enough votes for the measure to pass, Eastland would place it on the committee agenda, though Eastland would vote against it. [83] Kennedy believed he had secured the votes, and true to his word, Eastland included it on the committee agenda. [83] When the question was called, it failed by one vote. [83] According to Leahy, Eastland questioned one senator who had cast a no vote as to whether he had given Kennedy his word to vote in favor. [83] The senator indicated that he had, but that he had then changed his mind. [83] Eastland told the lawmaker in question that when one senator gave his word to another, he was honor-bound to keep it. [83] Eastland then changed his own vote to yes, allowing Kennedy's bill to pass. [83] Afterward, the senator Eastland questioned never had one of his bills included on the committee agenda. [83] Eastland's closest friend and confidant was Leander Perez. [84]

Eastland died at a hospital in Greenwood, Mississippi, on February 19, 1986, from pneumonia as a complication of other health issues; he was 81. [85]

While at a fundraiser on June 18, 2019, presidential candidate Biden said that one of his greatest strengths was "bringing people together" and pointed to his relationships with Eastland and fellow segregationist senator Herman Talmadge as examples. While imitating a Southern drawl, Biden remarked, "I was in a caucus with James O. Eastland. He never called me 'boy,' he always called me 'son.'” [86] [87] New Jersey Senator Cory Booker was one of many Democrats to criticize Biden for the remarks, issuing a statement that said, "You don't joke about calling black men 'boys.' Men like James O. Eastland used words like that, and the racist policies that accompanied them, to perpetuate white supremacy and strip black Americans of our very humanity". [87]

Eastland was portrayed by actor Jeff Doucette in the 2016 HBO film All the Way and by Nicholas Bell in the 2022 film Elvis . [88]

References

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  81. Joe Atkins (November 6, 2016). "Book review: 'Big Jim Eastland'". Hattiesburg American . Archived from the original on June 20, 2019. Retrieved June 20, 2019. Eastland and Kennedy became friends
  82. Tapper, Jake. "Biden his time". Salon . Archived from the original on April 12, 2019. Retrieved April 12, 2019. Jim Eastland of Mississippi, a fellow Democrat who offered to help Biden in a tough 1978 reelection contest. "What can Jim Eastland do for you?" the senator asked. Biden was at the time worried about the issue of school busing, in which he had sided with the civil rights community, and was concerned with how a boost from a Dixiecrat would play in the housing projects of Wilmington. "Mr. Chairman," Biden said, "quite honestly, some places you can help me, but a lot of places you could hurt me." "I'll just come to Del'ware and campaign for you or agin' you, whichever helps you the most," Eastland drawled.
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  88. All the Way (2016) at IMDb   OOjs UI icon edit-ltr-progressive.svg

Further reading

James Eastland
James O Eastland.jpg
President pro tempore of the United States Senate
In office
July 28, 1972 December 27, 1978
In office
1928–1932
Party political offices
Preceded by Democratic nominee for U.S. Senator from Mississippi
(Class 2)

1942, 1948, 1954, 1960, 1966, 1972
Succeeded by
U.S. Senate
Preceded by U.S. senator (Class 2) from Mississippi
June 30, 1941 – September 28, 1941
Served alongside: Theodore G. Bilbo
Succeeded by
Preceded by U.S. senator (Class 2) from Mississippi
January 3, 1943 – December 27, 1978
Served alongside: Theodore G. Bilbo, John C. Stennis
Succeeded by
Political offices
Preceded by President pro tempore of the United States Senate
1972–1978
Succeeded by
Preceded by Chairman of Senate Judiciary Committee
1956–1978
Succeeded by
Honorary titles
Preceded by Dean of the United States Senate
January 3, 1975 – November 28, 1977
Served alongside: John L. McClellan
Succeeded by
Himself
Preceded by
Himselfand
John L. McClellan
Dean of the United States Senate
November 28, 1977 – January 3, 1979
Succeeded by