The Change Agent's Socratic Seminar Blog

Seminar Rubric

2010-02-15T06:49:00.001-08:00

Oral Presentation
1.Addresses the question using evidence from the text. Cites examples, passages, characters from the text to support answers. Comments show that the student has read the text, understood it, and is making connections between the text and ideas generated by the seminar.
2.Makes relevant comments during the seminar which show response to the previous speaker's ideas. Helps to enlarge understanding of the text and ideas generated in the seminar.
3.Takes the initiative in participating, does not have to be prompted.
4.May ask questions to clarify and deepen the discussion of ideas.

Other Presentation
1.Is on time for the seminar.
2.Shows attentiveness through body language: sitting up straight, looking at the speaker, giving the speaker the floor.
3.Does not belittle or criticize others' comments.

Listening and Speaking During Seminar

2010-02-15T06:43:00.000-08:00

One goal of seminars is to understand the ideas and thoughts of others through asking questions and listening to answers. This means that seminar participants must practice how to agree and disagree. Participants must be able to disagree without being disagreeable. In order to do so, the participants can use the following suggested ways of responding as a way of framing their thoughts before they speak. Speaking and responding in a calm, collaborative manner is essential to good discussion and dialogue.

1.I agree with__________ because, but I want to add another reason why I think _________ is true. (Give another reason.)
2.I disagree with __________ because . . .
3.I'm not sure why ___________ said . . . Can you reword your comments to help me understand?
4.I understand your point, __________, but I want to add/disagree/give another side . . .
5.This is what I think you are saying. . . Is that correct?

Evaluation Sheet for Students

2010-02-05T21:47:00.000-08:00

What is the best idea you heard in the seminar?

How would you rate the seminar? (Check One)

___Excellent (Everyone participated, listened, had good ideas, did not interrupt.)
___Good (Generally, everyone participated but the seminar could have better ideas and behavior.)
___Fair (Side talk, interruptions, students distracted.)
___Poor (Lots of side talk, interruptions, and rude behavior.)

How many times did the facilitator have to stop the seminar?

Seminar Rating Chart

2010-01-15T06:49:00.000-08:00

Positive Behaviors
___ 1. I came prepared for the seminar.
___ 2. I was courteous to the other students.
___ 3. I paused and thought before speaking.
___ 4. I listened to others tell their opinions.
___ 5. I kept an open mind for opinions different from my own.
___ 6. I acted as a positive role model for other students.
___ 7. I built on what was said just before I gave my opinion.
___ 8. I used fixed examples from the text to support statements.
___ 9. I felt comfortable speaking in the seminar.
___10. I gave my opinions clearly.

Negative Behaviors
___11. I interrupted others.
___12. I acted silly.
___13. I did not look at the person who was speaking.
___14. I talked off the topic.
___15. I talked too much or not at all

Dialogue Vs. Debate

2010-01-14T06:42:00.000-08:00

Dialogue is collaborative. Multiple sides work towards shared understanding.
Debate is appositional. Two opposing sides try to prove each other wrong.
In dialogue, one listens to understand, to make meaning, and to find common ground.
In debate, one listens to find flaws, to spot differences, and to counter arguments.
Dialogue enlarges and possibly changes a participant's view.
Debate affirms a participant's point of view.
Dialogue reveals assumptions for reevaluation.
Debate defends assumptions as truth.
Dialogue creates an open-minded attitude, an openness to being wrong and an openness to change.
Debate creates a close-minded attitude, a determination to be right.
In dialogue, one submits one's best thinking, expecting that the reflections of others will help improve it rather than threaten it.
In debate, one submits one's best thinking and defends it against a challenge to show that it is right.
In dialogue, one searches for the strengths in all positions.
In debate, one searches for the weaknesses in the other positions.
Dialogue respects all the other participants and seeks not to alienate or offend.
Debate rebuts contrary positions and may belittle or deprecate other participants.
Dialogue assumes that many people have pieces of answers and that cooperation can lead to workable solutions.
Debate assumes a single right answer that someone already has.
Dialogue remains open-ended.
Debate demands a conclusion.

from: Peter Winchell, Consultant. Socratic Seminars West.

What is Socratic Seminar?

2007-10-04T18:28:00.000-07:00

The Socratic method of teaching is based on Socrates' theory that it is more important to enable students to think for themselves than to merely fill their heads with "right" answers. Therefore,it is a good idea to regularly engaged students in dialogues by responding to their questions with questions, instead of answers. This process encourages divergent thinking rather than convergent.

Students are given opportunities to "examine" a common piece of text, whether it is in the form of a novel, poem, art print, or piece of music. After "reading" the common text "like a love letter", open-ended questions are posed.

Open-ended questions allow students to think critically, analyze multiple meanings in text, and express ideas with clarity and confidence. After all, a certain degree of emotional safety is felt by participants when they understand that this format is based on dialogue and not discussion/debate.

Dialogue is exploratory and involves the suspension of biases and prejudices. Discussion/debate is a transfer of information designed to win an argument and bring closure. Americans are great at discussion/debate. We do not dialogue well. However, once teachers and students learn to dialogue, they find that the ability to ask meaningful questions that stimulate thoughtful interchanges of ideas is more important than "the answer."

Participants in a Socratic Seminar respond to one another with respect by carefully listening instead of interrupting. Students are encouraged to "paraphrase" essential elements of another's ideas before responding, either in support of or in disagreement. Members of the dialogue look each other in the "eyes" and use each other names. This simple act of socialization reinforces appropriate behaviors and promotes team building.

Teaching through Conversation

2007-09-29T17:34:00.000-07:00

The reason that I'm such an advocate of Socratic Seminars is because I strongly believe that engaging students through dialogue is a way to deepen understandings and develop effective communication skills. Recently, I've been reading about IC (Instructional Conversation) and I have become very interested in the instructional strategies associated with it.

Thinking, and the abilities to form, express, and exchange ideas are best taught through dialogue, through questioning and sharing ideas and knowledge. In the Instructional Conversation (IC), the teacher listens carefully, makes guesses about intended meaning, and adjusts responses to assist students’ efforts--just as in graduate seminars, or between mothers and toddlers. Here the teacher relates formal, school knowledge to the student's individual, family, and community knowledge. The IC provides opportunities for the development of the languages of instruction and subject matter. IC is a supportive and collaborative event that builds intersubjectivity and a sense of community. IC achieves individualization of instruction; is best practiced during joint productive activity; is an ideal setting for language development; and allows sensitive contextualization, and precise, stimulating cognitive challenge.

This concept may appear to be a paradox; instruction implies authority and planning, while conversation implies equality and responsiveness. But the instructional conversation is based on assumptions that are fundamentally different from those of traditional lessons. Teachers who use it, like parents in natural teaching, assume that the student has something to say beyond the known answers in the head of the adult. The adult listens carefully, makes guesses about the intended meaning, and adjusts responses to assist the student’s efforts - in other words, engages in conversation. Such conversation reveals the knowledge, skills, and values - the culture - of the learner, enabling the teacher to contextualize teaching to fit the learner’s experience base.

In U.S. schools the instructional conversation is rare. More often, teaching is through the recitation script, in which the teacher repeatedly assigns and assesses. Classrooms and schools are transformed into communities of learners through such dialogic teaching, and when teachers reduce the distance between themselves and their students by constructing lessons from common understanding of each others’ experience and ideas and make teaching a warm, interpersonal and collaborative activity.

Indicators of Instructional Conversation

2007-09-28T21:35:00.000-07:00

The teacher:

arranges the classroom to accommodate conversation between the teacher and a small group of students on a regular and frequent basis.
has a clear academic goal that guides conversation with students.
ensures that student talk occurs at higher rates than teacher talk.
guides conversation to include students' views, judgments, and rationales using text evidence and other substantive support.
ensures that all students are included in the conversation according to their preferences.
listens carefully to assess levels of students' understanding.
assists students’ learning throughout the conversation by questioning, restating, praising, encouraging, etc.
guides the students to prepare a product that indicates the Instructional Conversation's goal was achieved.

Seminar Rules

2007-09-18T16:07:00.000-07:00

I always guide students in developing their own group norms for seminar. Every year, we end up with the same basic rules for seminar. My fifth grade students this year though were particularly funny because they kept insisting on adding more as certain situations arose. During our group debrief at the end of seminar, it was very common for them to say, "I think we need to have a norm for..." In the past, I've kind of liked to have just a very few short but enforcable rules, but this is what my students came up with this year.

We will be respectful of everyone's opinion. We recognize that everyone has something to learn and everyone has something to teach.

We will talk one person at a time. Yield to the first speaker.

We will disagree in a mature and courteous way.

We will focus on the piece. Stay on topic.

We will address our comments to the entire group. We will not just look at the facilitator when speaking.

If someone looks only at us when s/he is speaking, we will look away as a friendly reminder. We will purposely move our eyes around the group to remind them that's what they should be doing.

We will not dominate the conversation.

We will not raise our hands. If you yield, this is unnecessary. Raising hands is silly when the discussion is amongst mature individuals.

We will not have any side conversations.

We will work hard to accomplish the individual goals we set for ourselves, as well as the group goals we agree upon.

We will be honest.

We will refrain from negative body language.

We will try to have meaningful dialogue instead of mere debates.

We will try hard to understand opposing viewpoints.

We will always refer to the text when attempting to prove something.

Using Tokens to Prevent Students From Dominating

2007-09-02T20:30:00.000-07:00

Distribute an equal number of tokens (plastic poker chips, pennies, Cheerios, etc.) to each participant. Five tokens per person works well. Inform participants that they are to place one token aside for each comment they make. Essentially, members are paying for the privilege of contributing verbally to the dialogue. Once they have "spent their tokens", participants must remain as active listeners until the facilitator invites everyone to start again with five tokens.

Students tend to become more reflective once they realize their comments are worth a price. And, facilitators can visually see and make note of reticent participants. However, Socratic Seminars are not designed to force members to verbally contribute. Students will contribute when they are ready. Meanwhile, they are learning while engaged as active listeners. Therefore, please reassure participants that they do not have to "spend" all, or any, of their tokens.

Pre and Post Activities

2007-08-30T18:32:00.000-07:00

Pre-activities

Read the "text" aloud
Discuss vocabulary
Have participants re-read the "text" independently
Brainstorm themes relevant to the text
Brainstorm character traits of key figures in the text
Ask participants to create their own open-ended questions
Pre-seminar voting activity:

Before engaging in a Socratic Seminar, you might generate an open-ended question that allows participants to cast a vote. This opportunity to "take a stand" serves the purpose of quickly "reeling in" students by asking them to focus on a question which is ironically more convergent than divergent. For example, when thinking of John H. Ritter's novels Choosing Up Sides and Over the Wall, participants could respond to the following:

1. Which character would you most enjoy as a friend?

2. Which character would you support as president of your student body?

3. Vote for the most honest character.

4. Elect a character to honor for showing the most growth throughout the story.

Following the seminar, allow participants to again cast a vote. Have participants compare their pre and post votes. Allow for "accountable talk." Frequently, students discover a shift in their own thinking as a result of engaging in the process of listening to multiple perspectives.

Post Activities:

Ask participants to share what they learned and/or observed.
Allow participants to discuss feelings regarding the process.
Brainstorm themes relevant to the "text." Compare them to the pre-activity.
Allow students to participate in an art activity.
Assign a writing activity:
1. Letter to the Editor
2. Friendly Letter to character in "text"
3. Compare/Contrast Essay
4. Poetry
5. Reflection

Contrastive Dialogue/Reader's Theater

2007-05-29T17:02:00.000-07:00

This is a character education Reader's Theater that my students acted out. They complained and several of them asked, "Why do we always have to talk 'white' when we act out these scripts?" I allowed them to work collaboratively to rewrite the script in their home langauage. Later, we seminared the two pieces and discussed the differences.

Script #1 (SE)

Narrator: It was just after dark and Johnny sat down at the table and began eating dinner with his family.

Johnny: What is that noise? It is so irritating!

Mother: Oh Johnny, it is not that bad.

Johnny: It most certainly is! I am going outside to see what it is.

Mother: Well, do be careful. It is dark out.

Narrator: Johnny walked outside of the house and stood on the lawn. He noticed some young men setting off bottle rockets in the street.

Johnny: Excuse me, but do you guys mind? It is getting late and folks are trying to get settled in for the evening.

Boy #1: We do as we please. Mind your own business!

Johnny: Listen here. I do not wish to have a confrontation with you. Now stop shooting those bottle rockets or I will be forced to call the police.

Boy #2: You are just jealous because we are out here having fun while you have to stay inside with your family. Do not take it out on us because you have such a boring life.

Johnny: I can assure you that that is not the case here. I simply wish to have a peaceful dinner.

Script #2 (AAVE)

Narrator: It was getting dark and Lil John was chillin at the table, getting his grub on with his peeps.

Lil John: What’s up with that noise? That junk be drivin me crazy!

Moma: Chill out John. It ain’t that bad.

Lil John: Check this out. I’m fixin to go see what’s poppin outside.

Moma: Now you listen to me for real John. You know the hood ain’t no joke at night. You watch your back now, hear?

Narrator: Lil John walked outside to get the 411 on the situation.

Lil John: Yo man, what’s up with all that noise? Can’t ya’ll see folks be tryin to sleep and stuff?

Thug #1: This here’s our hood. You best just step off fool! You ain’t want none of this.

Lil John: I hear ya. Look, I ain’t tryin to have no drama or nothing. Let’s not get the
po-po involved. Just chill with the bottle rockets, ok?

Thug #2: Yo man, hate the game not the players! Don’t be getting all up in our Kool-Aid just cause you’s a sucker at home witch yo moma on a Friday night.

Lil John: Naw man, you got me messed up. It ain’t even like that. I just want to kick it in peace at the crib with my peeps.

Lincoln Freed Me Today

2007-05-03T20:04:00.000-07:00

song lyrics by Joan Baez

Been a slave most all my life
so´s my kids and so´s my wife
I´ve been working on the Colonel´s farm
Ain´t been mistreated, ain´t done no harm
I´ll be a slave to my grave
No need of me being free.

Recollect when I was just fourteen
Freedom use to be my biggest dream
I´m older now, lot wiser too
If I was free what would I do
The Colones right good to me
He´s taken care of my family.

The Colonel rode the buggy in from town
Hitched the horse and called us all around
Said he couldn´t keep us here no more
I saw a tear as he walked toward the door
Oh Dear God, what did he say?
Lincoln freed me today.

Letter from Birmingham Jail

2007-05-02T17:40:00.000-07:00

Letter from Birmingham Jail
by Martin Luther King, Jr.

April 16, 1963

Because this piece is so long, I suggest that you do it in sections. We broke it into six sections and did two seminars a week over a three week period. If you try to do it all at once, it is too overwhelming and students won't do as deep as you would like.

MY DEAR FELLOW CLERGYMEN:

While confined here in the Birmingham city jail, I came across your recent statement calling my present activities "unwise and untimely." Seldom do I pause to answer criticism of my work and ideas. If I sought to answer all the criticisms that cross my desk, my secretaries would have little time for anything other than such correspondence in the course of the day, and I would have no time for constructive work. But since I feel that you are men of genuine good will and that your criticisms are sincerely set forth, I want to try to answer your statements in what I hope will be patient and reasonable terms.

I think I should indicate why I am here In Birmingham, since you have been influenced by the view which argues against "outsiders coming in." I have the honor of serving as president of the Southern Christian Leadership Conference, an organization operating in every southern state, with headquarters in Atlanta, Georgia. We have some eighty-five affiliated organizations across the South, and one of them is the Alabama Christian Movement for Human Rights. Frequently we share staff, educational and financial resources with our affiliates. Several months ago the affiliate here in Birmingham asked us to be on call to engage in a nonviolent direct-action program if such were deemed necessary. We readily consented, and when the hour came we lived up to our promise. So I, along with several members of my staff, am here because I was invited here I am here because I have organizational ties here.

But more basically, I am in Birmingham because injustice is here. Just as the prophets of the eighth century B.C. left their villages and carried their "thus saith the Lord" far beyond the boundaries of their home towns, and just as the Apostle Paul left his village of Tarsus and carried the gospel of Jesus Christ to the far corners of the Greco-Roman world, so am I. compelled to carry the gospel of freedom beyond my own home town. Like Paul, I must constantly respond to the Macedonian call for aid.

Moreover, I am cognizant of the interrelatedness of all communities and states. I cannot sit idly by in Atlanta and not be concerned about what happens in Birmingham. Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly. Never again can we afford to live with the narrow, provincial "outside agitator" idea. Anyone who lives inside the United States can never be considered an outsider anywhere within its bounds.

You deplore the demonstrations taking place In Birmingham. But your statement, I am sorry to say, fails to express a similar concern for the conditions that brought about the demonstrations. I am sure that none of you would want to rest content with the superficial kind of social analysis that deals merely with effects and does not grapple with underlying causes. It is unfortunate that demonstrations are taking place in Birmingham, but it is even more unfortunate that the city's white power structure left the Negro community with no alternative. In any nonviolent campaign there are four basic steps: collection of the facts to determine whether injustices exist; negotiation; self-purification; and direct action. We have gone through an these steps in Birmingham. There can be no gainsaying the fact that racial injustice engulfs this community. Birmingham is probably the most thoroughly segregated city in the United States. Its ugly record of brutality is widely known. Negroes have experienced grossly unjust treatment in the courts. There have been more unsolved bombings of Negro homes and churches in Birmingham than in any other city in the nation. These are the hard, brutal facts of the case. On the basis of these conditions, Negro leaders sought to negotiate with the city fathers. But the latter consistently refused to engage in good-faith negotiation.

Then, last September, came the opportunity to talk with leaders of Birmingham's economic community. In the course of the negotiations, certain promises were made by the merchants --- for example, to remove the stores humiliating racial signs. On the basis of these promises, the Reverend Fred Shuttlesworth and the leaders of the Alabama Christian Movement for Human Rights agreed to a moratorium on all demonstrations. As the weeks and months went by, we realized that we were the victims of a broken promise. A few signs, briefly removed, returned; the others remained.

As in so many past experiences, our hopes bad been blasted, and the shadow of deep disappointment settled upon us. We had no alternative except to prepare for direct action, whereby we would present our very bodies as a means of laying our case before the conscience of the local and the national community. Mindful of the difficulties involved, we decided to undertake a process of self-purification. We began a series of workshops on nonviolence, and we repeatedly asked ourselves : "Are you able to accept blows without retaliating?" "Are you able to endure the ordeal of jail?" We decided to schedule our direct-action program for the Easter season, realizing that except for Christmas, this is the main shopping period of the year. Knowing that a strong economic with with-drawal program would be the by-product of direct action, we felt that this would be the best time to bring pressure to bear on the merchants for the needed change.

Then it occurred to us that Birmingham's mayoralty election was coming up in March, and we speedily decided to postpone action until after election day. When we discovered that the Commissioner of Public Safety, Eugene "Bull" Connor, had piled up enough votes to be in the run-oat we decided again to postpone action until the day after the run-off so that the demonstrations could not be used to cloud the issues. Like many others, we waited to see Mr. Connor defeated, and to this end we endured postponement after postponement. Having aided in this community need, we felt that our direct-action program could be delayed no longer.

You may well ask: "Why direct action? Why sit-ins, marches and so forth? Isn't negotiation a better path?" You are quite right in calling, for negotiation. Indeed, this is the very purpose of direct action. Nonviolent direct action seeks to create such a crisis and foster such a tension that a community which has constantly refused to negotiate is forced to confront the issue. It seeks so to dramatize the issue that it can no longer be ignored. My citing the creation of tension as part of the work of the nonviolent-resister may sound rather shocking. But I must confess that I am not afraid of the word "tension." I have earnestly opposed violent tension, but there is a type of constructive, nonviolent tension which is necessary for growth. Just as Socrates felt that it was necessary to create a tension in the mind so that individuals could rise from the bondage of myths and half-truths to the unfettered realm of creative analysis and objective appraisal, we must we see the need for nonviolent gadflies to create the kind of tension in society that will help men rise from the dark depths of prejudice and racism to the majestic heights of understanding and brotherhood.

The purpose of our direct-action program is to create a situation so crisis-packed that it will inevitably open the door to negotiation. I therefore concur with you in your call for negotiation. Too long has our beloved Southland been bogged down in a tragic effort to live in monologue rather than dialogue.

One of the basic points in your statement is that the action that I and my associates have taken in Birmingham is untimely. Some have asked: "Why didn't you give the new city administration time to act?" The only answer that I can give to this query is that the new Birmingham administration must be prodded about as much as the outgoing one, before it will act. We are sadly mistaken if we feel that the election of Albert Boutwell as mayor will bring the millennium to Birmingham. While Mr. Boutwell is a much more gentle person than Mr. Connor, they are both segregationists, dedicated to maintenance of the status quo. I have hope that Mr. Boutwell will be reasonable enough to see the futility of massive resistance to desegregation. But he will not see this without pressure from devotees of civil rights. My friends, I must say to you that we have not made a single gain civil rights without determined legal and nonviolent pressure. Lamentably, it is an historical fact that privileged groups seldom give up their privileges voluntarily. Individuals may see the moral light and voluntarily give up their unjust posture; but, as Reinhold Niebuhr has reminded us, groups tend to be more immoral than individuals.

We know through painful experience that freedom is never voluntarily given by the oppressor; it must be demanded by the oppressed. Frankly, I have yet to engage in a direct-action campaign that was "well timed" in the view of those who have not suffered unduly from the disease of segregation. For years now I have heard the word "Wait!" It rings in the ear of every Negro with piercing familiarity. This "Wait" has almost always meant 'Never." We must come to see, with one of our distinguished jurists, that "justice too long delayed is justice denied."

We have waited for more than 340 years for our constitutional and God-given rights. The nations of Asia and Africa are moving with jetlike speed toward gaining political independence, but we stiff creep at horse-and-buggy pace toward gaining a cup of coffee at a lunch counter. Perhaps it is easy for those who have never felt the stinging dark of segregation to say, "Wait." But when you have seen vicious mobs lynch your mothers and fathers at will and drown your sisters and brothers at whim; when you have seen hate-filled policemen curse, kick and even kill your black brothers and sisters; when you see the vast majority of your twenty million Negro brothers smothering in an airtight cage of poverty in the midst of an affluent society; when you suddenly find your tongue twisted and your speech stammering as you seek to explain to your six-year-old daughter why she can't go to the public amusement park that has just been advertised on television, and see tears welling up in her eyes when she is told that Funtown is closed to colored children, and see ominous clouds of inferiority beginning to form in her little mental sky, and see her beginning to distort her personality by developing an unconscious bitterness toward white people; when you have to concoct an answer for a five-year-old son who is asking: "Daddy, why do white people treat colored people so mean?"; when you take a cross-county drive and find it necessary to sleep night after night in the uncomfortable corners of your automobile because no motel will accept you; when you are humiliated day in and day out by nagging signs reading "white" and "colored"; when your first name becomes "nigger," your middle name becomes "boy" (however old you are) and your last name becomes "John," and your wife and mother are never given the respected title "Mrs."; when you are harried by day and haunted by night by the fact that you are a Negro, living constantly at tiptoe stance, never quite knowing what to expect next, and are plagued with inner fears and outer resentments; when you no forever fighting a degenerating sense of "nobodiness" then you will understand why we find it difficult to wait. There comes a time when the cup of endurance runs over, and men are no longer willing to be plunged into the abyss of despair. I hope, sirs, you can understand our legitimate and unavoidable impatience.

You express a great deal of anxiety over our willingness to break laws. This is certainly a legitimate concern. Since we so diligently urge people to obey the Supreme Court's decision of 1954 outlawing segregation in the public schools, at first glance it may seem rather paradoxical for us consciously to break laws. One may won ask: "How can you advocate breaking some laws and obeying others?" The answer lies in the fact that there fire two types of laws: just and unjust. I would be the Brat to advocate obeying just laws. One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws. I would agree with St. Augustine that "an unjust law is no law at all."

Now, what is the difference between the two? How does one determine whether a law is just or unjust? A just law is a man-made code that squares with the moral law or the law of God. An unjust law is a code that is out of harmony with the moral law. To put it in the terms of St. Thomas Aquinas: An unjust law is a human law that is not rooted in eternal law and natural law. Any law that uplifts human personality is just. Any law that degrades human personality is unjust. All segregation statutes are unjust because segregation distort the soul and damages the personality. It gives the segregator a false sense of superiority and the segregated a false sense of inferiority. Segregation, to use the terminology of the Jewish philosopher Martin Buber, substitutes an "I-it" relationship for an "I-thou" relationship and ends up relegating persons to the status of things. Hence segregation is not only politically, economically and sociologically unsound, it is morally wrong and awful. Paul Tillich said that sin is separation. Is not segregation an existential expression 'of man's tragic separation, his awful estrangement, his terrible sinfulness? Thus it is that I can urge men to obey the 1954 decision of the Supreme Court, for it is morally right; and I can urge them to disobey segregation ordinances, for they are morally wrong.

Let us consider a more concrete example of just and unjust laws. An unjust law is a code that a numerical or power majority group compels a minority group to obey but does not make binding on itself. This is difference made legal. By the same token, a just law is a code that a majority compels a minority to follow and that it is willing to follow itself. This is sameness made legal.

Let me give another explanation. A law is unjust if it is inflicted on a minority that, as a result of being denied the right to vote, had no part in enacting or devising the law. Who can say that the legislature of Alabama which set up that state's segregation laws was democratically elected? Throughout Alabama all sorts of devious methods are used to prevent Negroes from becoming registered voters, and there are some counties in which, even though Negroes constitute a majority of the population, not a single Negro is registered. Can any law enacted under such circumstances be considered democratically structured?

Sometimes a law is just on its face and unjust in its application. For instance, I have been arrested on a charge of parading without a permit. Now, there is nothing wrong in having an ordinance which requires a permit for a parade. But such an ordinance becomes unjust when it is used to maintain segregation and to deny citizens the First Amendment privilege of peaceful assembly and protest.

I hope you are able to ace the distinction I am trying to point out. In no sense do I advocate evading or defying the law, as would the rabid segregationist. That would lead to anarchy. One who breaks an unjust law must do so openly, lovingly, and with a willingness to accept the penalty. I submit that an individual who breaks a law that conscience tells him is unjust and who willingly accepts the penalty of imprisonment in order to arouse the conscience of the community over its injustice, is in reality expressing the highest respect for law. Of course, there is nothing new about this kind of civil disobedience. It was evidenced sublimely in the refusal of Shadrach, Meshach and Abednego to obey the laws of Nebuchadnezzar, on the ground that a higher moral law was at stake. It was practiced superbly by the early Christians, who were willing to face hungry lions and the excruciating pain of chopping blocks rather than submit to certain unjust laws of the Roman Empire. To a degree, academic freedom is a reality today because Socrates practiced civil disobedience. In our own nation, the Boston Tea Party represented a massive act of civil disobedience.

We should never forget that everything Adolf Hitler did in Germany was "legal" and everything the Hungarian freedom fighters did in Hungary was "illegal." It was "illegal" to aid and comfort a Jew in Hitler's Germany. Even so, I am sure that, had I lived in Germany at the time, I would have aided and comforted my Jewish brothers. If today I lived in a Communist country where certain principles dear to the Christian faith are suppressed, I would openly advocate disobeying that country's antireligious laws.

I must make two honest confessions to you, my Christian and Jewish brothers. First, I must confess that over the past few years I have been gravely disappointed with the white moderate. I have almost reached the regrettable conclusion that the Negro's great stumbling block in his stride toward freedom is not the White Citizen's Counciler or the Ku Klux Klanner, but the white moderate, who is more devoted to "order" than to justice; who prefers a negative peace which is the absence of tension to a positive peace which is the presence of justice; who constantly says: "I agree with you in the goal you seek, but I cannot agree with your methods of direct action"; who paternalistically believes he can set the timetable for another man's freedom; who lives by a mythical concept of time and who constantly advises the Negro to wait for a "more convenient season." Shallow understanding from people of good will is more frustrating than absolute misunderstanding from people of ill will. Lukewarm acceptance is much more bewildering than outright rejection.

I had hoped that the white moderate would understand that law and order exist for the purpose of establishing justice and that when they fan in this purpose they become the dangerously structured dams that block the flow of social progress. I had hoped that the white moderate would understand that the present tension in the South is a necessary phase of the transition from an obnoxious negative peace, in which the Negro passively accepted his unjust plight, to a substantive and positive peace, in which all men will respect the dignity and worth of human personality. Actually, we who engage in nonviolent direct action are not the creators of tension. We merely bring to the surface the hidden tension that is already alive. We bring it out in the open, where it can be seen and dealt with. Like a boil that can never be cured so long as it is covered up but must be opened with an its ugliness to the natural medicines of air and light, injustice must be exposed, with all the tension its exposure creates, to the light of human conscience and the air of national opinion before it can be cured. In your statement you assert that our actions, even though peaceful, must be condemned because they precipitate violence. But is this a logical assertion? Isn't this like condemning a robbed man because his possession of money precipitated the evil act of robbery? Isn't this like condemning Socrates because his unswerving commitment to truth and his philosophical inquiries precipitated the act by the misguided populace in which they made him drink hemlock? Isn't this like condemning Jesus because his unique God-consciousness and never-ceasing devotion to God's will precipitated the evil act of crucifixion? We must come to see that, as the federal courts have consistently affirmed, it is wrong to urge an individual to cease his efforts to gain his basic constitutional rights because the quest may precipitate violence. Society must protect the robbed and punish the robber.

I had also hoped that the white moderate would reject the myth concerning time in relation to the struggle for freedom. I have just received a letter from a white brother in Texas. He writes: "An Christians know that the colored people will receive equal rights eventually, but it is possible that you are in too great a religious hurry. It has taken Christianity almost two thousand years to accomplish what it has. The teachings of Christ take time to come to earth." Such an attitude stems from a tragic misconception of time, from the strangely rational notion that there is something in the very flow of time that will inevitably cure all ills. Actually, time itself is neutral; it can be used either destructively or constructively. More and more I feel that the people of ill will have used time much more effectively than have the people of good will. We will have to repent in this generation not merely for the hateful words and actions of the bad people but for the appalling silence of the good people. Human progress never rolls in on wheels of inevitability; it comes through the tireless efforts of men willing to be co-workers with God, and without this 'hard work, time itself becomes an ally of the forces of social stagnation. We must use time creatively, in the knowledge that the time is always ripe to do right. Now is the time to make real the promise of democracy and transform our pending national elegy into a creative psalm of brotherhood. Now is the time to lift our national policy from the quicksand of racial injustice to 6e solid rock of human dignity.

You speak of our activity in Birmingham as extreme. At fist I was rather disappointed that fellow clergymen would see my nonviolent efforts as those of an extremist. I began thinking about the fact that stand in the middle of two opposing forces in the Negro community. One is a force of complacency, made up in part of Negroes who, as a result of long years of oppression, are so drained of self-respect and a sense of "somebodiness" that they have adjusted to segregation; and in part of a few middle class Negroes who, because of a degree of academic and economic security and because in some ways they profit by segregation, have become insensitive to the problems of the masses. The other force is one of bitterness and hatred, and it comes perilously close to advocating violence. It is expressed in the various black nationalist groups that are springing up across the nation, the largest and best-known being Elijah Muhammad's Muslim movement. Nourished by the Negro's frustration over the continued existence of racial discrimination, this movement is made up of people who have lost faith in America, who have absolutely repudiated Christianity, and who have concluded that the white man is an incorrigible "devil."

I have tried to stand between these two forces, saying that we need emulate neither the "do-nothingism" of the complacent nor the hatred and despair of the black nationalist. For there is the more excellent way of love and nonviolent protest. I am grateful to God that, through the influence of the Negro church, the way of nonviolence became an integral part of our struggle.

If this philosophy had not emerged, by now many streets of the South would, I am convinced, be flowing with blood. And I am further convinced that if our white brothers dismiss as "rabble-rousers" and "outside agitators" those of us who employ nonviolent direct action, and if they refuse to support our nonviolent efforts, millions of Negroes will, out of frustration and despair, seek solace and security in black-nationalist ideologies a development that would inevitably lead to a frightening racial nightmare.

Oppressed people cannot remain oppressed forever. The yearning for freedom eventually manifests itself, and that is what has happened to the American Negro. Something within has reminded him of his birthright of freedom, and something without has reminded him that it can be gained. Consciously or unconsciously, he has been caught up by the Zeitgeist, and with his black brothers of Africa and his brown and yellow brothers of Asia, South America and the Caribbean, the United States Negro is moving with a sense of great urgency toward the promised land of racial justice. If one recognizes this vital urge that has engulfed the Negro community, one should readily understand why public demonstrations are taking place. The Negro has many pent-up resentments and latent frustrations, and he must release them. So let him march; let him make prayer pilgrimages to the city hall; let him go on freedom rides-and try to understand why he must do so. If his repressed emotions are not released in nonviolent ways, they will seek expression through violence; this is not a threat but a fact of history. So I have not said to my people: "Get rid of your discontent." Rather, I have tried to say that this normal and healthy discontent can be channeled into the creative outlet of nonviolent direct action. And now this approach is being termed extremist.

But though I was initially disappointed at being categorized as an extremist, as I continued to think about the matter I gradually gained a measure of satisfaction from the label. Was not Jesus an extremist for love: "Love your enemies, bless them that curse you, do good to them that hate you, and pray for them which despitefully use you, and persecute you." Was not Amos an extremist for justice: "Let justice roll down like waters and righteousness like an ever-flowing stream." Was not Paul an extremist for the Christian gospel: "I bear in my body the marks of the Lord Jesus." Was not Martin Luther an extremist: "Here I stand; I cannot do otherwise, so help me God." And John Bunyan: "I will stay in jail to the end of my days before I make a butchery of my conscience." And Abraham Lincoln: "This nation cannot survive half slave and half free." And Thomas Jefferson: "We hold these truths to be self-evident, that an men are created equal ..." So the question is not whether we will be extremists, but what kind of extremists we viii be. We we be extremists for hate or for love? Will we be extremist for the preservation of injustice or for the extension of justice? In that dramatic scene on Calvary's hill three men were crucified. We must never forget that all three were crucified for the same crime---the crime of extremism. Two were extremists for immorality, and thus fell below their environment. The other, Jeans Christ, was an extremist for love, truth and goodness, and thereby rose above his environment. Perhaps the South, the nation and the world are in dire need of creative extremists.

I had hoped that the white moderate would see this need. Perhaps I was too optimistic; perhaps I expected too much. I suppose I should have realized that few members of the oppressor race can understand the deep groans and passionate yearnings of the oppressed race, and still fewer have the vision to see that injustice must be rooted out by strong, persistent and determined action. I am thankful, however, that some of our white brothers in the South have grasped the meaning of this social revolution and committed themselves to it. They are still too few in quantity, but they are big in quality. Some-such as Ralph McGill, Lillian Smith, Harry Golden, James McBride Dabbs, Ann Braden and Sarah Patton Boyle---have written about our struggle in eloquent and prophetic terms. Others have marched with us down nameless streets of the South. They have languished in filthy, roach-infested jails, suffering the abuse and brutality of policemen who view them as "dirty nigger lovers." Unlike so many of their moderate brothers and sisters, they have recognized the urgency of the moment and sensed the need for powerful "action" antidotes to combat the disease of segregation.

Let me take note of my other major disappointment. I have been so greatly disappointed with the white church and its leadership. Of course, there are some notable exceptions. I am not unmindful of the fact that each of you has taken some significant stands on this issue. I commend you, Reverend Stallings, for your Christian stand on this past Sunday, in welcoming Negroes to your worship service on a non segregated basis. I commend the Catholic leaders of this state for integrating Spring Hill College several years ago.

But despite these notable exceptions, I must honestly reiterate that I have been disappointed with the church. I do not say this as one of those negative critics who can always find something wrong with the church. I say this as a minister of the gospel, who loves the church; who was nurtured in its bosom; who 'has been sustained by its spiritual blessings and who will remain true to it as long as the cord of Rio shall lengthen.

When I was suddenly catapulted into the leadership of the bus protest in Montgomery, Alabama, a few years ago, I felt we would be supported by the white church felt that the white ministers, priests and rabbis of the South would be among our strongest allies. Instead, some have been outright opponents, refusing to understand the freedom movement and misrepresenting its leader era; an too many others have been more cautious than courageous and have remained silent behind the anesthetizing security of stained-glass windows. In spite of my shattered dreams, I came to Birmingham with the hope that the white religious leadership of this community would see the justice of our cause and, with deep moral concern, would serve as the channel through which our just grievances could reach the power structure. I had hoped that each of you would understand. But again I have been disappointed.

I have heard numerous southern religious leaders admonish their worshipers to comply with a desegregation decision because it is the law, but I have longed to hear white ministers declare: "Follow this decree because integration is morally right and because the Negro is your brother." In the midst of blatant injustices inflicted upon the Negro, I have watched white churchmen stand on the sideline and mouth pious irrelevancies and sanctimonious trivialities. In the midst of a mighty struggle to rid our nation of racial and economic injustice, I have heard many ministers say: "Those are social issues, with which the gospel has no real concern." And I have watched many churches commit themselves to a completely other worldly religion which makes a strange, on Biblical distinction between body and soul, between the sacred and the secular.

I have traveled the length and breadth of Alabama, Mississippi and all the other southern states. On sweltering summer days and crisp autumn mornings I have looked at the South's beautiful churches with their lofty spires pointing heavenward. I have beheld the impressive outlines of her massive religious-education buildings. Over and over I have found myself asking: "What kind of people worship here? Who is their God? Where were their voices when the lips of Governor Barnett dripped with words of interposition and nullification? Where were they when Governor Walleye gave a clarion call for defiance and hatred? Where were their voices of support when bruised and weary Negro men and women decided to rise from the dark dungeons of complacency to the bright hills of creative protest?" Yes, these questions are still in my mind. In deep disappointment I have wept over the laxity of the church. But be assured that my tears have been tears of love. There can be no deep disappointment where there is not deep love. Yes, I love the church. How could I do otherwise? l am in the rather unique position of being the son, the grandson and the great-grandson of preachers. Yes, I see the church as the body of Christ. But, oh! How we have blemished and scarred that body through social neglect and through fear of being nonconformists.

There was a time when the church was very powerful in the time when the early Christians rejoiced at being deemed worthy to suffer for what they believed. In those days the church was not merely a thermometer that recorded the ideas and principles of popular opinion; it was a thermostat that transformed the mores of society. Whenever the early Christians entered a town, the people in power became disturbed and immediately sought to convict the Christians for being "disturbers of the peace" and "outside agitators"' But the Christians pressed on, in the conviction that they were "a colony of heaven," called to obey God rather than man. Small in number, they were big in commitment. They were too God intoxicated to be "astronomically intimidated." By their effort and example they brought an end to such ancient evils as infanticide. and gladiatorial contests.

Things are different now. So often the contemporary church is a weak, ineffectual voice with an uncertain sound. So often it is an archdefender of the status quo. Par from being disturbed by the presence of the church, the power structure of the average community is consoled by the church's silent and often even vocal sanction of things as they are.

But the judgment of God is upon the church as never before. If today's church does not recapture the sacrificial spirit of the early church, it vi lose its authenticity, forfeit the loyalty of millions, and be dismissed as an irrelevant social club with no meaning for the twentieth century. Every day I meet young people whose disappointment with the church has turned into outright disgust.

Perhaps I have once again been too optimistic. Is organized religion too inextricably bound to the status quo to save our nation and the world? Perhaps I must turn my faith to the inner spiritual church, the church within the church, as the true ekklesia and the hope of the world. But again I am thankful to God that some noble souls from the ranks of organized religion have broken loose from the paralyzing chains of conformity and joined us as active partners in the struggle for freedom, They have left their secure congregations and walked the streets of Albany, Georgia, with us. They have gone down the highways of the South on tortuous rides for freedom. Yes, they have gone to jai with us. Some have been dismissed from their churches, have lost the support of their bishops and fellow ministers. But they have acted in the faith that right defeated is stronger than evil triumphant. Their witness has been the spiritual salt that has preserved the true meaning of the gospel in these troubled times. They have carved a tunnel of hope through the dark mountain of disappointment.

I hope the church as a whole will meet the challenge of this decisive hour. But even if the church does not come to the aid of justice, I have no despair about the future. I have no fear about the outcome of our struggle in Birmingham, even if our motives are at present misunderstood. We will reach the goal of freedom in Birmingham, ham and all over the nation, because the goal of America k freedom. Abused and scorned though we may be, our destiny is tied up with America's destiny. Before the pilgrims landed at Plymouth, we were here. Before the pen of Jefferson etched the majestic words of the Declaration of Independence across the pages of history, we were here. For more than two centuries our forebears labored in this country without wages; they made cotton king; they built the homes of their masters while suffering gross injustice and shameful humiliation-and yet out of a bottomless vitality they continued to thrive and develop. If the inexpressible cruelties of slavery could not stop us, the opposition we now face will surely fail. We will win our freedom because the sacred heritage of our nation and the eternal will of God are embodied in our echoing demands.

Before closing I feel impelled to mention one other point in your statement that has troubled me profoundly. You warmly commended the Birmingham police force for keeping "order" and "preventing violence." I doubt that you would have so warmly commended the police force if you had seen its dogs sinking their teeth into unarmed, nonviolent Negroes. I doubt that you would so quickly commend the policemen if .you were to observe their ugly and inhumane treatment of Negroes here in the city jail; if you were to watch them push and curse old Negro women and young Negro girls; if you were to see them slap and kick old Negro men and young boys; if you were to observe them, as they did on two occasions, refuse to give us food because we wanted to sing our grace together. I cannot join you in your praise of the Birmingham police department.

It is true that the police have exercised a degree of discipline in handing the demonstrators. In this sense they have conducted themselves rather "nonviolently" in pubic. But for what purpose? To preserve the evil system of segregation. Over the past few years I have consistently preached that nonviolence demands that the means we use must be as pure as the ends we seek. I have tried to make clear that it is wrong to use immoral means to attain moral ends. But now I must affirm that it is just as wrong, or perhaps even more so, to use moral means to preserve immoral ends. Perhaps Mr. Connor and his policemen have been rather nonviolent in public, as was Chief Pritchett in Albany, Georgia but they have used the moral means of nonviolence to maintain the immoral end of racial injustice. As T. S. Eliot has said: "The last temptation is the greatest treason: To do the right deed for the wrong reason."

I wish you had commended the Negro sit-inners and demonstrators of Birmingham for their sublime courage, their willingness to suffer and their amazing discipline in the midst of great provocation. One day the South will recognize its real heroes. They will be the James Merediths, with the noble sense of purpose that enables them to face Jeering, and hostile mobs, and with the agonizing loneliness that characterizes the life of the pioneer. They will be old, oppressed, battered Negro women, symbolized in a seventy-two-year-old woman in Montgomery, Alabama, who rose up with a sense of dignity and with her people decided not to ride segregated buses, and who responded with ungrammatical profundity to one who inquired about her weariness: "My fleets is tired, but my soul is at rest." They will be the young high school and college students, the young ministers of the gospel and a host of their elders, courageously and nonviolently sitting in at lunch counters and willingly going to jail for conscience' sake. One day the South will know that when these disinherited children of God sat down at lunch counters, they were in reality standing up for what is best in the American dream and for the most sacred values in our Judaeo-Christian heritage, thereby bringing our nation back to those great wells of democracy which were dug deep by the founding fathers in their formulation of the Constitution and the Declaration of Independence.

Never before have I written so long a letter. I'm afraid it is much too long to take your precious time. I can assure you that it would have been much shorter if I had been writing from a comfortable desk, but what else can one do when he k alone in a narrow jail cell, other than write long letters, think long thoughts and pray long prayers?

If I have said anything in this letter that overstates the truth and indicates an unreasonable impatience, I beg you to forgive me. If I have said anything that understates the truth and indicates my having a patience that allows me to settle for anything less than brotherhood, I beg God to forgive me.

I hope this letter finds you strong in the faith. I also hope that circumstances will soon make it possible for me to meet each of you, not as an integrationist or a civil rights leader but as a fellow clergyman and a Christian brother. Let us all hope that the dark clouds of racial prejudice will soon pass away and the deep fog of misunderstanding will be lifted from our fear-drenched communities, and in some not too distant tomorrow the radiant stars of love and brotherhood will shine over our great nation with all their scintillating beauty.

Yours for the cause of Peace and Brotherhood,

MARTIN LUTHER KING, JR.

Beds are Burning

2007-04-18T19:18:00.000-07:00

Song lyrics by Midnight Oil

Out where the river broke
The bloodwood and the desert oak
Holden wrecks and boiling diesels
Steam in forty five degrees

The time has come
To say fair's fair
To pay the rent
To pay our share
The time has come
A facts a fact
It belongs to them
Lets give it back

How can we dance when our earth is turning?
How do we sleep when our beds are burning?

Four wheels scare the cockatoos
From kintore east to yuendemu
The western desert lives and breathes
In forty five degrees

The time has come
A facts a fact
It belongs to them
Lets give it back

Don't Drink the Water

2007-04-18T19:00:00.000-07:00

song lyrics by Dave Matthews Band

Come out, come out, no use in hiding.
Come out, come out, can you not see
There's no place here, what were you expecting?
No room for both, just room for me.
So you will lay your arms down,
Yes, I will call this home.
Away, away, you have been banished.
Your land is gone, and given to me.
And here I will spread my wings.
Yes, I will call this home.
What's this you say, you feel a right to remain?
Then stay and I will bury you.
What's that you say, your father's spirit still lives in this place?
Well, I will silence you.
Here's the hitch, your horse is leaving.
Dont miss your boat, its leaving now.
And as you go I will spread my wings.
Yes, I will call this home.
I have no time to justify to you,
Fool, you're blind, move aside for me.
All I can say to you my new neighbor,
You must move on or I will bury you.
Now as I rest my feet by this fire
Those hands once warmed here, but I have retired them.
I can breathe my own air and I can sleep more soundly
Upon these poor souls,
I'll build heaven and call it home.
Cause you're all dead now.
I live with my justice
And I live with my greed in me
I live with no mercy
And I live with my frenzy feet
I live with my hatred
And I live with my jealousy
I live with the notion that I don't need anyone but me
Don't drink the water
Don't drink the water
Blood in the water
Don't drink the water

JFK's Civil Rights Message

2007-04-13T17:58:00.000-07:00

Civil Rights Message
by John F. Kennedy
June 11, 1963

This is a long piece so do it in chunks over a period of time.

Good evening my fellow citizens:

This afternoon, following a series of threats and defiant statements, the presence of Alabama National Guardsmen was required on the University of Alabama to carry out the final and unequivocal order of the United States District Court of the Northern District of Alabama. That order called for the admission of two clearly qualified young Alabama residents who happened to have been born Negro.

That they were admitted peacefully on the campus is due in good measure to the conduct of the students of the University of Alabama, who met their responsibilities in a constructive way.

I hope that every American, regardless of where he lives, will stop and examine his conscience about this and other related incidents. This Nation was founded by men of many nations and backgrounds. It was founded on the principle that all men are created equal, and that the rights of every man are diminished when the rights of one man are threatened.

Today we are committed to a worldwide struggle to promote and protect the rights of all who wish to be free. And when Americans are sent to Viet Nam or West Berlin, we do not ask for whites only. It ought to be possible, therefore, for American students of any color to attend any public institution they select without having to be backed up by troops.

It ought to be possible for American consumers of any color to receive equal service in places of public accommodation, such as hotels and restaurants and theaters and retail stores, without being forced to resort to demonstrations in the street, and it ought to be possible for American citizens of any color to register and to vote in a free election without interference or fear of reprisal.

It ought to be possible, in short, for every American to enjoy the privileges of being American without regard to his race or his color. In short, every American ought to have the right to be treated as he would wish to be treated, as one would wish his children to be treated. But this is not the case.

The Negro baby born in America today, regardless of the section of the Nation in which he is born, has about one-half as much chance of completing a high school as a white baby born in the same place on the same day, one-third as much chance of completing college, one-third as much chance of becoming a professional man, twice as much chance of becoming unemployed, about one-seventh as much chance of earning $10,000 a year, a life expectancy which is 7 years shorter, and the prospects of earning only half as much.

This is not a sectional issue. Difficulties over segregation and discrimination exist in every city, in every State of the Union, producing in many cities a rising tide of discontent that threatens the public safety. Nor is this a partisan issue. In a time of domestic crisis men of good will and generosity should be able to unite regardless of party or politics. This is not even a legal or legislative issue alone. It is better to settle these matters in the courts than on the streets, and new laws are needed at every level, but law alone cannot make men see right.

We are confronted primarily with a moral issue. It is as old as the scriptures and is as clear as the American Constitution. The heart of the question is whether all Americans are to be afforded equal rights and equal opportunities, whether we are going to treat our fellow Americans as we want to be treated. If an American, because his skin is dark, cannot eat lunch in a restaurant open to the public, if he cannot send his children to the best public school available, if he cannot vote for the public officials who represent him, if, in short, he cannot enjoy the full and free life which all of us want, then who among us would be content to have the color of his skin changed and stand in his place?

Who among us would then be content with the counsels of patience and delay?

One hundred years of delay have passed since President Lincoln freed the slaves, yet their heirs, their grandsons, are not fully free. They are not yet freed from the bonds of injustice. They are not yet freed from social and economic oppression. And this Nation, for all its hopes and all its boasts, will not be fully free until all its citizens are free.

We preach freedom around the world, and we mean it, and we cherish our freedom here at home, but are we to say to the world, and much more importantly, to each other that this is a land of the free except for the Negroes; that we have no second-class citizens except Negroes; that we have no class or caste system, no ghettoes, no master race except with respect to Negroes?

Now the time has come for this Nation to fulfill its promise. The events in Birmingham and elsewhere have so increased the cries for equality that no city or State or legislative body can prudently choose to ignore them.

The fires of frustration and discord are burning in every city, North and South, where legal remedies are not at hand. Redress is sought in the streets, in demonstrations, parades, and protests which create tensions and threaten violence and threaten lives. We face, therefore, a moral crisis as a country and as a people. It cannot be met by repressive police action. It cannot be left to increased demonstrations in the streets. It cannot be quieted by token moves or talk. It is a time to act in the Congress, in your State and local legislative body and, above all, in all of our daily lives. It is not enough to pin the blame on others, to say this is a problem of one section of the country or another, or deplore the fact that we face. A great change is at hand, and our task, our obligation, is to make that revolution, that change, peaceful and constructive for all.

Those who do nothing are inviting shame as well as violence. Those who act boldly are recognizing right as well as reality. Next week I shall ask the Congress of the United States to act, to make a commitment it has not fully made in this century to the proposition that race has no place in American life or law. The Federal judiciary has upheld that proposition in a series of forthright cases. The executive branch has adopted that proposition in the conduct of its affairs, including the employment of Federal personnel, the use of Federal facilities, and the sale of federally financed housing.

But there are other necessary measures which only the Congress can provide, and they must be provided at this session. The old code of equity law under which we live commands for every wrong a remedy, but in too many communities, in too many parts of the country, wrongs are inflicted on Negro citizens and there are no remedies at law. Unless the Congress acts, their only remedy is in the street. I am, therefore, asking the Congress to enact legislation giving all Americans the right to be served in facilities which are open to the public hotels, restaurants, theaters, retail stores, and similar establishments.

This seems to me to be an elementary right. Its denial is an arbitrary indignity that no American in 1963 should have to endure, but many do.

I have recently met with scores of business leaders urging them to take voluntary action to end this discrimination and I have been encouraged by their response, and in the last 2 weeks over 75 cities have seen progress made in desegregating these kinds of facilities. But many are unwilling to act alone, and for this reason, nationwide legislation is needed if we are to move this problem from the streets to the courts.

I am also asking Congress to authorize the Federal Government to participate more fully in lawsuits designed to end segregation in public education. We have succeeded in persuading many districts 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 very slow.

Too many Negro children entering segregated grade schools at the time of the Supreme Court's decision 9 years ago will enter segregated high schools this fall, having suffered a loss which can never be restored. The lack of an adequate education denies the Negro a chance to get a decent job.

The orderly implementation of the Supreme Court decision, therefore, cannot be left solely to those who may not have the economic resources to carry the legal action or who may be subject to harassment.

Other features will be also requested, including greater protection for the right to vote. But legislation, I repeat, cannot solve this problem alone. It must be solved in the homes of every American in every community across our country.

In this respect, I want to pay tribute to those citizens North and South who have been working in their communities to make life better for all. They are acting not out of a sense of legal duty but out of a sense of human decency.

Like our soldiers and sailors in all parts of the world they are meeting freedom's challenge on the firing line, and I salute them for their honor and their courage. My fellow Americans, this is a problem which faces us all -- in every city of the North as well as the South. Today there are Negroes unemployed, two or three times as many compared to whites, inadequate in education, moving into the large cities, unable to find work, young people particularly out of work without hope, denied equal rights, denied the opportunity to eat at a restaurant or lunch counter or go to a movie theater, denied the right to a decent education, denied almost today the right to attend a State university even though qualified. It seems to me that these are matters which concern us all, not merely Presidents or Congressmen or Governors, but every citizen of the United States.

This is one country. It has become one country because all of us and all the people who came here had an equal chance to develop their talents.

We cannot say to 10 percent of the population that you can't have that right; that your children can't have the chance to develop whatever talents they have; that the only way that they are going to get their rights is to go into the streets and demonstrate. I think we owe them and we owe ourselves a better country than that. Therefore, I am asking for your help in making it easier for us to move ahead and to provide the kind of equality of treatment which we would want ourselves; to give a chance for every child to be educated to the limit of his talents.

As I have said before, not every child has an equal talent or an equal ability or an equal motivation, but they should have the equal right to develop their talent and their ability and their motivation, to make something of themselves.

We have a right to expect that the Negro community will be responsible, will uphold the law, but they have a right to expect that the law will be fair, that the Constitution will be color blind, as Justice Harlan said at the turn of the century.

This is what we are talking about and this is a matter which concerns this country and what it stands for, and in meeting it I ask the support of all our citizens.

Thank you very much.

Declaration of Human Rights

2007-04-12T17:58:00.000-07:00

Adoption of the Declaration of Human Rights
by Eleanor Roosevelt
December 1948
Paris, France
Mr. President, fellow delegates:

The long and meticulous study and debate of which this Universal Declaration of Human Rights is the product means that it reflects the composite views of the many men and governments who have contributed to its formulation. Not every man nor every government can have what he wants in a document of this kind. There are of course particular provisions in the declaration before us with which we are not fully satisfied. I have no doubt this is true of other delegations, and it would still be true if we continued our labors over many years. Taken as a whole the Delegation of the United States believes that this a good document -- even a great document -- and we propose to give it our full support. The position of the United States on the various parts of the declaration is a matter of record in the Third Committee. I shall not burden the Assembly, and particularly my colleagues of the Third Committee, with a restatement of that position here.

Certain provisions of the declaration are stated in such broad terms as to be acceptable only because of the limitations in article 29 providing for limitation on the exercise of the rights for the purpose of meeting the requirements of morality, public order, and the general welfare. An example of this is the provision that everyone has the right of equal access to the public service in his country. The basic principle of equality and of nondiscrimination as to public employment is sound, but it cannot be accepted without limitations. My government, for example, would consider that this is unquestionably subject to limitation in the interest of public order and the general welfare. It would not consider that the exclusion from public employment of persons holding subversive political beliefs and not loyal to the basic principles and practices of the constitution and laws of the country would in any way infringe upon this right.

Likewise, my Government has made it clear in the course of the development of the declaration that it does not consider that the economic and social and cultural rights stated in the declaration imply an obligation on governmental action. This was made quite clear in the Human Rights Commission text of article 23 which served as a so-called "umbrella" article to the articles on economic and social rights. We consider that the principle has not been affected by the fact that this article no longer contains a reference to the articles which follow it. This in no way affects our whole-hearted support for the basic principles of economic, social, and cultural rights set forth in these articles.

In giving our approval to the declaration today it is of primary importance that we keep clearly in mind the basic character of the document. It is not a treaty; it is not an international agreement. It is not and does not purport to be a statement of basic principles of law or legal obligation. It is a declaration of basic principles of human rights and freedoms, to be stamped with the approval of the General Assembly by formal vote of its members, and to serve as a common standard of achievement for all peoples of all nations.

We stand today at the threshold of a great event both in the life of the United Nations and in the life of mankind, that is the approval by the General Assembly of the Universal Declaration of Human Rights recommended by the Third Committee. This declaration may well become the international Magna Carta of all men everywhere. We hope its proclamation by the General Assembly will be an event comparable to the proclamation of the Declaration of the Rights of the Man by the French people in 1789, the adoption of the Bill of Rights by the people of the United States, and the adoption of comparable declarations at different times in other countries.

At a time when there are so many issues on which we find it difficult to reach a common basis of agreement, it is a significant fact that 58 states have found such a large measure of agreement in the complex field of human rights. This must be taken as testimony of our common aspiration first voiced in the Charter of the United Nations to lift men everywhere to a higher standard of life and to a greater enjoyment of freedom. Man’s desire for peace lies behind this declaration. The realization that the fragrant violation of human rights by Nazi and Fascist countries sowed the seeds of the last world war has supplied the impetus for the work which brings us to the moment of achievement here today.

In a recent speech in Canada, Gladstone Murray said:

The central fact is that man is fundamentally a moral being, that the light we have is imperfect does not matter so long as we are always trying to improve it … we are equal in sharing the moral freedom that distinguishes us as men. Man’s status makes each individual an end in himself. No man is by nature simply the servant of the state or of another man … the ideal and fact of freedom -- and not technology -- are the true distinguishing marks of our civilization.
This declaration is based upon the spiritual fact that man must have freedom in which to develop his full stature and through common effort to raise the level of human dignity. We have much to do to fully achieve and to assure the rights set forth in this declaration. But having them put before us with the moral backing of 58 nations will be a great step forward.

As we here bring to fruition our labors on this Declaration of Human Rights, we must at the same time rededicate ourselves to the unfinished task which lies before us. We can now move on with new courage and inspiration to the completion of an international covenant on human rights and of measures for the implementation of human rights.

In conclusion I feel that I cannot do better than to repeat the call to action by Secretary Marshall in his opening statement to this Assembly:

Let this third regular session of the General Assembly approve by an overwhelming majority the Declaration of Human Rights as a statement of conduct for all; and let us, as Members of the United Nations, conscious of our own short-comings and imperfections, join our effort in all faith to live up to this high standard.

Mandela Nobel Peace Prize Acceptance Speech

2007-04-11T17:58:00.000-07:00

Nobel Peace Prize Address
by Nelson Mandela
December 10, 1993
Oslo, Norway

Your Majesty the King,
Your Royal Highness,
Honourable Prime Minister,
Madame Gro Brundtland,
Ministers,
Members of Parliament and Ambassadors,
Esteemed Members of the Norwegian Nobel Committee,
Fellow Laureate, Mr F.W. de Klerk,
Distinguished guests,
Friends, ladies and gentlemen:

I am indeed truly humbled to be standing here today to receive this year's Nobel Peace Prize.

I extend my heartfelt thanks to the Norwegian Nobel Committee for elevating us to the status of a Nobel Peace Prize winner. I would also like to take this opportunity to congratulate my compatriot and fellow laureate, State President F.W. de Klerk, on his receipt of this high honour.

Together, we join two distinguished South Africans, the late Chief Albert Luthuli and His Grace Archbishop Desmond Tutu, to whose seminal contributions to the peaceful struggle against the evil system of apartheid you paid well-deserved tribute by awarding them the Nobel Peace Prize.

It will not be presumptuous of us if we also add, among our predecessors, the name of another outstanding Nobel Peace Prize winner, the late African- American statesman and internationalist, the Rev Martin Luther King, Jr.

He, too, grappled with and died in the effort to make a contribution to the just solution of the same great issues of the day which we have had to face as South Africans.

We speak here of the challenge of the dichotomies of war and peace, violence and non-violence, racism and human dignity, oppression and repression and liberty and human rights, poverty and freedom from want.

We stand here today as nothing more than a representative of the millions of our people who dared to rise up against a social system whose very essence is war, violence, racism, oppression, repression and the impoverishment of an entire people.

I am also here today as a representative of the millions of people across the globe, the anti-apartheid movement, the governments and organisations that joined with us, not to fight against South Africa as a country or any of its peoples, but to oppose an inhuman system and sue for a speedy end to the apartheid crime against humanity.

These countless human beings, both inside and outside our country, had the nobility of spirit to stand in the path of tyranny and injustice, without seeking selfish gain. They recognised that an injury to one is an injury to all and therefore acted together in defence of justice and a common human decency.

Because of their courage and persistence for many years, we can, today, even set the dates when all humanity will join together to celebrate one of the outstanding human victories of our century.

When that moment comes, we shall, together, rejoice in a common victory over racism, apartheid and white minority rule.

That triumph will finally bring to a close a history of five hundred years of African colonisation that began with the establishment of the Portuguese empire.

Thus, it will mark a great step forward in history and also serve as a common pledge of the peoples of the world to fight racism wherever it occurs and whatever guise it assumes.

At the southern tip of the continent of Africa, a rich reward is in the making, an invaluable gift is in the preparation, for those who suffered in the name of all humanity when they sacrificed everything -- for liberty, peace, human dignity and human fulfilment.

This reward will not be measured in money. Nor can it be reckoned in the collective price of the rare metals and precious stones that rest in the bowels of the African soil we tread in the footsteps of our ancestors. It will and must be measured by the happiness and welfare of the children, at once the most vulnerable citizens in any society and the greatest of our treasures.

The children must, at last, play in the open veld, no longer tortured by the pangs of hunger or ravaged by disease or threatened with the scourge of ignorance, molestation and abuse, and no longer required to engage in deeds whose gravity exceeds the demands of their tender years.

In front of this distinguished audience, we commit the new South Africa to the relentless pursuit of the purposes defined in the World Declaration on the Survival, Protection and Development of Children.

The reward of which we have spoken will and must also be measured by the happiness and welfare of the mothers and fathers of these children, who must walk the earth without fear of being robbed, killed for political or material profit, or spat upon because they are beggars.

They too must be relieved of the heavy burden of despair which they carry in their hearts, born of hunger, homelessness and unemployment.

The value of that gift to all who have suffered will and must be measured by the happiness and welfare of all the people of our country, who will have torn down the inhuman walls that divide them.

These great masses will have turned their backs on the grave insult to human dignity which described some as masters and others as servants, and transformed each into a predator whose survival depended on the destruction of the other.

The value of our shared reward will and must be measured by the joyful peace which will triumph, because the common humanity that bonds both black and white into one human race, will have said to each one of us that we shall all live like the children of paradise.

Thus shall we live, because we will have created a society which recognises that all people are born equal, with each entitled in equal measure to life, liberty, prosperity, human rights and good governance.

Such a society should never allow again that there should be prisoners of conscience nor that any person's human rights should be violated.

Neither should it ever happen that once more the avenues to peaceful change are blocked by usurpers who seek to take power away from the people, in pursuit of their own, ignoble purposes.

In relation to these matters, we appeal to those who govern Burma that they release our fellow Nobel Peace Prize laureate, Aung San Suu Kyi, and engage her and those she represents in serious dialogue, for the benefit of all the people of Burma.

We pray that those who have the power to do so will, without further delay, permit that she uses her talents and energies for the greater good of the people of her country and humanity as a whole.

Far from the rough and tumble of the politics of our own country, I would like to take this opportunity to join the Norwegian Nobel Committee and pay tribute to my joint laureate, Mr F.W. de Klerk.

He had the courage to admit that a terrible wrong had been done to our country and people through the imposition of the system of apartheid.

He had the foresight to understand and accept that all the people of South Africa must, through negotiations and as equal participants in the process, together determine what they want to make of their future.

But there are still some within our country who wrongly believe they can make a contribution to the cause of justice and peace by clinging to the shibboleths that have been proved to spell nothing but disaster.

It remains our hope that these, too, will be blessed with sufficient reason to realise that history will not be denied and that the new society cannot be created by reproducing the repugnant past, however refined or enticingly repackaged.

We live with the hope that as she battles to remake herself, South Africa will be like a microcosm of the new world that is striving to be born.

This must be a world of democracy and respect for human rights, a world freed from the horrors of poverty, hunger, deprivation and ignorance, relieved of the threat and the scourge of civil wars and external aggression and unburdened of the great tragedy of millions forced to become refugees.

The processes in which South Africa and Southern Africa as a whole are engaged, beckon and urge us all that we take this tide at the flood and make of this region a living example of what all people of conscience would like the world to be.

We do not believe that this Nobel Peace Prize is intended as a commendation for matters that have happened and passed. We hear the voices which say that it is an appeal from all those, throughout the universe, who sought an end to the system of apartheid.

We understand their call, that we devote what remains of our lives to the use of our country's unique and painful experience to demonstrate, in practice, that the normal condition for human existence is democracy, justice, peace, non-racism, non-sexism, prosperity for everybody, a healthy environment and equality and solidarity among the peoples.

Moved by that appeal and inspired by the eminence you have thrust upon us, we undertake that we too will do what we can to contribute to the renewal of our world so that none should, in future, be described as the wretched of the earth. Let it never be said by future generations that indifference, cynicism or selfishness made us fail to live up to the ideals of humanism which the Nobel Peace Prize encapsulates.

Let the strivings of us all, prove Martin Luther King Jr to have been correct, when he said that humanity can no longer be tragically bound to the starless midnight of racism and war.

Let the efforts of us all, prove that he was not a mere dreamer when he spoke of the beauty of genuine brotherhood and peace being more precious than diamonds or silver or gold.

Let a new age dawn!

Thank you.

The Revolution Poem

2007-04-10T17:58:00.001-07:00

This Poem Wants to Be a Revolutionary
by Mari Ann Roberts, from Emory University

This poem wants to make a change . . .

To be a strong yet silent raised fist in Mexico, 1968.

To stand at a window w/a shotgun writing the words
“By any means necessary”

To sit in at a lunch counter in Birmingham, Alabama
Until it is read

To start a breakfast program in Compton, California
In order to feed hungry minds

To stand up for its rights in Akron, Ohio and shout,
“Aint I A poem?”

To integrate an all white book store under protection of the National Guard
And if George Wallace says to it,
“You will not enter unless it's over my cold, dead, body...”
This poem will gladly take him up on his offer.

But now this poem feels that perhaps it is too militant,
Maybe it and Spike should just “Do the Right Thing”...

Take the hand of other poems deep in the South Georgia woods and lead them to freedom
Under cover of night-light.

Take its brothers and sisters out of “the man's” world and
Into Aaron's “Boondocks,”

Play it's own music, live in Jamaica and
Grow Nappy Locs,

Start a union with A. Phillip down at the docks,

Be read by Martin while being pelted with rocks.

Find out what would happen
“If Beale Street Could Talk”

This poem will get accused of “Ego Trippin” but
will not take it personally while saying
“And Still I Rise”

It will invite other poems to a free concert headlined by
Marvin, Stevie, Chuck D, and Black Thought

This poem will do what it should, not what others think it ought...

This poem will be munificent...
Will give because so much has been given to it...

Will do because so much has been done for it...

Will be able to sit down because so many others have
Stood up . . .

But this poem can not sit still for long...
Because this poem has been disenfranchised...

This poem was told that there is no longer a need
For affirmative action
and has had it replaced with definite inaction

This poem cast a vote in Florida, only to be told that it did not count...

This poem watched its country expand our “melting pot” to include all kinds of ingredients,
Then scrape the black off the bottom of the pan...
and send it back to Haiti on a raft

This poem has been pulled over for being DWI
(drafted with intelligence)

This poem was profiled at Hartsfield Airport,
And made to take off it's...blues.

This poem never cast its vote for any species of Bush,
It's not concerned with whom you marry,
Nor does it desire to trade the blood of young soldiers for oil, but look what it got...

No wonder,
This poem wants 2 b a revolutionary...

John Brown

2007-04-10T17:58:00.000-07:00

John Brown's Final Address to the Court
November 2, 1859
Charles Town, Virgina (now West Virgina)
I have, may it please the court, a few words to say.

In the first place, I deny everything but what I have all along admitted: of a design on my part to free slaves. I intended certainly to have made a clean thing of that matter, as I did last winter, when I went into Missouri and there took slaves without the snapping of a gun on either side, moving them through the country, and finally leaving them in Canada. I designed to have done the same thing again on a larger scale. That was all I intended. I never did intend murder, or treason, or the destruction of property, or to excite or incite slaves to rebellion, or to make insurrection.

I have another objection, and that is that it is unjust that I should suffer such a penalty. Had I interfered in the manner which I admit, and which I admit has been fairly proved - for I admire the truthfulness and candor of the greater portion of the witnesses who have testified in this case - had I so interfered in behalf of the rich, the powerful, the intelligent, the so called great, or in the behalf of any of their friends, either father, mother, brother, sister, wife, or children, or any of that class, and suffered and sacrificed what I have in this interference, it would have been all right. Every man in this court would have deemed it an act worthy of reward rather than punishment.

This court acknowledges, too, as I suppose, the validity of the law of God. I see a book kissed, which I suppose to be the Bible, or at least the New Testament, which teaches me that all things whatsoever I would that men should do to me, I should do even so to them. It teaches me, further, to remember them that are in bonds as bound with them. I endeavored to act up to the instruction. I say I am yet too young to understand that God is any respecter of persons. I believe that to have interfered as I have done, as I have always freely admitted I have done, in behalf of his despised poor, I did not wrong but right. Now, if it is deemed necessary that I should forfeit my life for the furtherance of the ends of justice, and mingle my blood further with the blood of my children and with the blood of millions in this slave country whose rights are disregarded by wicked, cruel, and unjust enactments, I say let it be done.

Let me say one word further. I feel entirely satisfied with the treatment I have received on my trial. Considering all the circumstances, it has been more generous than I expected. But I feel no consciousness of guilt. I have stated from the first what was my intention, and what was not. I never had any design against the liberty of any person, nor any disposition to commit treason or incite slaves to rebel or make any general insurrection. I never encouraged any man to do so, but always discouraged any idea of that kind.

Let me say, also, in regard to the statements made by some of those who were connected with me, I hear it has been stated by some of them that I have induced them to join me. But the contrary is true. I do not say this to injure them, but as regretting their weakness. Not one but joined me of his own accord, and the greater part at his own expense. A number of them I never saw, and never had a word of conversation with, till the day they came to me, and that was for the purpose I have stated.

Now I have done.

Women's Right to Vote

2007-04-09T17:58:00.000-07:00

On Women's Right to Vote
by Susan B. Anthony
1872
Philadelphia, PA

Susan B. Anthony delivered this address when she illegally cast a vote during the 1872 presidential elections. Her vote was illegal because women did not have the right to vote at the time.

Friends and fellow citizens: I stand before you tonight under indictment for the alleged crime of having voted at the last presidential election, without having a lawful right to vote. It shall be my work this evening to prove to you that in thus voting, I not only committed no crime, but, instead, simply exercised my citizen's rights, guaranteed to me and all United States citizens by the National Constitution, beyond the power of any state to deny.

The preamble of the Federal Constitution says:

We, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.
It was we, the people; not we, the white male citizens; nor yet we, the male citizens; but we, the whole people, who formed the Union. And we formed it, not to give the blessings of liberty, but to secure them; not to the half of ourselves and the half of our posterity, but to the whole people - women as well as men. And it is a downright mockery to talk to women of their enjoyment of the blessings of liberty while they are denied the use of the only means of securing them provided by this democratic-republican government -- the ballot.
For any state to make sex a qualification that must ever result in the disfranchisement of one entire half of the people, is to pass a bill of attainder, or, an ex post facto law, and is therefore a violation of the supreme law of the land. By it the blessings of liberty are forever withheld from women and their female posterity.

To them this government has no just powers derived from the consent of the governed. To them this government is not a democracy. It is not a republic. It is an odious aristocracy; a hateful oligarchy of sex; the most hateful aristocracy ever established on the face of the globe; an oligarchy of wealth, where the rich govern the poor. An oligarchy of learning, where the educated govern the ignorant, or even an oligarchy of race, where the Saxon rules the African, might be endured; but this oligarchy of sex, which makes father, brothers, husband, sons, the oligarchs over the mother and sisters, the wife and daughters, of every household - which ordains all men sovereigns, all women subjects, carries dissension, discord, and rebellion into every home of the nation. Webster, Worcester, and Bouvier all define a citizen to be a person in the United States, entitled to vote and hold office.

The only question left to be settled now is: Are women persons? And I hardly believe any of our opponents will have the hardihood to say they are not. Being persons, then, women are citizens; and no state has a right to make any law, or to enforce any old law, that shall abridge their privileges or immunities. Hence, every discrimination against women in the constitutions and laws of the several states is today null and void, precisely as is every one against Negroes.

Black Man's History

2007-04-07T17:58:00.000-07:00

Black Man's History (a speech)
by Malcolm X
December 1962

I want to thank Allah for coming and giving to us our leader and teacher here in America, The Honorable Elijah Muhammad. I want to thank Brother Benjamin at the outset for doing a wonderful job of opening up our eyes and giving us a good preliminary basic understanding of the means and the objectives of The Honorable Elijah Muhammad, and also I am thankful to Allah for bringing so many people out here tonight, especially just before Christmas. You know, it's next to a miracle when you get this many of our people together so close to Christmas interested in anything whatsoever that's serious. And actually what this shows is the change that's taking place among the so-called Negroes not only here in New York but throughout the entire world. Today dark mankind is waking up and is undertaking a new type of thinking, and it is this new type of thinking that is creating new approaches and new reactions that make it almost impossible to figure out what the black man is going to do next, and by black man we mean, as we are taught by The Honorable Elijah Muhammad, we include all those who are nonwhite. He teaches us that black is the basic color, that black is the foundation or the basis of all colors. And all of our people who have not yet become white are still black, or atleast part of the Black Nation,and here at Muhammad's Mosque when you hear us using the term "black" we mean everbody who's here, regardless of your complexion. If you're here at the Mosque you're black, because the only ticket you need to get into Muhammad's Mosque is to be black. So if you got in you know you're black. You may not have known that you were black before you came here. In fact, very few of our people really look upon themselves as being black. They think of themselves as practically everything else on the color spectrum except black. And no matter how dark one of our people may be, you rarely hear him call himself black. But now that The Honorable Elijah Muhammad has been teaching among the so-called Negroes, you find our people of all complexions going around bragging that "I'm a black man." This shows you that a new teaching is taking place and there is new thinking among the so-called Negroes. Yet just yesterday you would have to admit that it was very difficult to get our people to refer to themselves as black. Now all of a sudden our people of all complexions are not apologizing for being black but bragging about being black. So there's a new thinking all over America among the so-called Negroes. And the one who is actually the author of this new thinking is The Honorable Elijah Muhammad. It is what he is teaching that is making our people, for the first time, proud to be black, and what's most important of all, for the first time it makes our people want to know more about black, want to know why black is good, or what there is about black that is good.

I might stop right here to point out that some of you may say, "I came up here to listen to some religion about Islam, but now all I hear you talk about is black." We don't separate our color from our religion. The white man doesn't. The white man never has separated Christianity from white, nor has he separated the white man from Christianity. When you hear the white man bragging, "I'm a Christian," he's bragging about being a white man. Then you have the Negro. When he is bragging about being a Christian, he's bragging that he's a white man, or he wants to be white, and usually those Negroes who brag like that, I think you have to agree, in their songs and the things the sing in church, they show that they have a greater desire to be white than anything else. My mother was a Christian and my father was a Christian and I used to hear them when I was a little child sing the song "Wash Me White As Snow." My father was a black man and my mother was a black woman, but yet the songs that they sang in their church were designed to fill their hearts with the desire to be white. So may people, especially our people, get resentful when they hear me say something like this. But rather than get resentful all they have to do is think back on many of the songs and much of the teachings and the doctrines that they were taught while they were going to church and they'll have to agree that it was all designed to make us look down on black and up at white.

So the religion that we have, the religion of Islam, the religion that makes us Muslims, the religion that The Honorable Elijah Muhammad is teaching us here in America today, is designed to undo in our minds what the white man has done to us. It's designed to undo the type of brainwashing that we have had to undergo for four hundred years at the hands of the white man in order to bring us down to the level that we're at today. So when you hear us often refer to black in almost a boastful way, actually we're not boasting, we're speaking of it in a factual sense. All we're doing is telling the truth about our people. Whenever you exalt black, that's not propaganda; when yo exalt white, that's propaganda. Yet no one can give biological evidence to show that black actually is the stronger or superior of the two if you want to make that kind of comparison. So never thin ill of the person whom you hear representing The Honorable Elijah Muhammad if an overemphasis seems to be placed on the word black, but rather sit and analyze and try to get an understanding.

The Honorable Elijah Muhammad teaches us that of all the things that the black man, or any man for that matter, can study history is the best qualified to reward all research. You have to have a knowledge of history no matter what you are going to do; anything that you undertake you have to have a knowledge of history in order to be successful in it. The thing that has made the so-called Negro in America fail, more than any other thing, is your, my, lack of knowledge concerning history. We know less about history than anything else. There are black people in America who have mastered the mathematical sciences, have become professors and experts in physics, are able to toss sputniks out there in the atmosphere, out in space. They are masters in that field. We have black men who have mastered the field of medicine, we have black men who have mastered other fields, but very seldom do we have black men in America who have mastered the knowledge of the history of the black man himself. we have among our people those who are experts in every field, but seldom can you find one among us who is an expert on the history of the black man. And because of his lack of knowledge concerning the history of the black man, no matter how much he excels in the other sciences, he's always confined, he's always relegated to the same low rung of the ladder that the dumbest of our people are relegated to. And all of this stems form his lack of knowledge concerning history. What made Dr. George Washington Carver a Negro scientist instead of a scientist? What made Paul Robeson a Negro actor instead of an actor? What made, or makes, Ralph Bunche a Negro statesman and instead of a statesman? the only difference between Bunche and Carver and these others I just mentioned is they don't know the history of the black man. Bunche is an expert, and international politician, but he doesn't know himself, he doesn't know the history of the black people. He can be sent all over the world by America to solve problems for America, or to solve problems for other nations, but he can't solve problems for his own people in this country. Why? What is it that ties our people up in this way? The Honorable Elijah Muhammad says that it boils down to just one word-history.

When you study the history of Bunche, his history is different from the history of the black man who just cam here from Africa. And if you notice, when Bunche was in Atlanta, Georgia, during the summer NAACP Convention, he was Jim Crowed, he was segregated, he was not allowed to go in a hotel down there. Yet there are Africans who come here, black as night, who can go into those cracker hotels. Well, what is the difference between Bunche and one of them? The difference is Bunche doesn't know his history, and they, the Africans, do know their history. They may come here out of the jungles, but they know their history. They may come here wearing sheets with their heads all wrapped up, but they know their history. You and I can come our of Harvard but we don't know our history. There's a basic difference in why we are treated as we are: one knows his history and one doesn't know his history! the American so-called Negro is a soldier who doesn't know his history; he's a servant who doesn't know his history; he's a graduate of Columbia, or Yale, or Harvard, or Tuskeegee, who doesn't know his history. He's confined, he's limited, he's held under the control and the jurisdiction of the white man who knows more about the history of the Negro than the Negro knows about himself. But when you and I wake up, as we're taught by The Honorable Elijah Muhammad, and learn our history, learn the history of our kind, and the history of he white kind, then the white man will be at a disadvantage and we'll be at an advantage, the only thing that puts you and me at a disadvantage is our lack of knowledge concerning history. So one of the reasons, one of the missions, one of the objectives of The Honorable Elijah Muhammad here in America is to only to teach you and me the right religions but to teach you and me history. In fact, do you know that if you and I know history we know the right religion? The only way that you can become confused, that you can become mixed up and not know which religion belongs to God, is if you don't know history. In fact, you have to know history to know something about God. You have to know history to know something about God's religion. You have to know history to know something about God's people. You have to know history to know something about God's plans and God's purposes, and, as I say, the only people who don't know history are the American so-called Negroes. If you know history, for example, for example, you know when you look at this religion right here [writes "Christianity" on the black board] the only way you can explain it is to have a knowledge of history.

Why is it called Christianity? It is called Christianity, they say, because it was named after a man called Christ who was born two thousand years ago. Now you know, brothers and sisters, God is and old God, and the world is and old world. The universe has been here a long time. I think all of you would agree that the universe has been here longer than two thousand years. Then you'll also agree that the universe was made by God Himself, that God created the universe. God created the people who are on this earth, God wouldn't create a universe, God wouldn't set a thing up in the sky that makes nine planets rotate around it, all of them inhabited, you an I inhabiting the planet earth upon which we live-God wouldn't have done all this and not given people a religion. God put His religion here at the creation of the universe. Now then, since you agree to this and you'll agree also that Christ was born two thousand years ago, this couldn't have been God's religion. Your knowledge of history tells you that God couldn't call His religion Christianity because Christianity is only two thousand years old. So if this is the case, then what was God's religion called before the birth of Christ? Can you see the importance of history? Why, if you didn't know history you'd think that Christianity was God's religion, and you'd be running around here wondering why everybody doesn't practice it. Because some people have a better knowledge of history than others do, it is only the people whose knowledge of history is limited who jump up and say that Christianity is the name of God's religion. If Christianity hasn't always been the name of God's religion. If Christianity hasn't always been the name of God's religion it isn't now the name of God's religion. God doesn't change His religion; God doesn't change His mind; God's mind is made up from the beginning. He doesn't have to change His mind because He knows all there is to know al the way down the wheel of time. He never has to change His mind, His mind is made up, His knowledge is complete, all encompassing. Do you understand? So once you can see, and I think you can, then it's almost impossible for God to call Christianity His religion.

What should God call His religion? Christians are the ones who call God's religion Christianity, but God was here before Christians came on the scene. They tell you that Christians began back there with the Romans, with one of the Roman Emperors who accepted the teachings of some of Jesus' disciples and then named what the disciples taught "Christianity." But Jesus didn't call it Christianity, it wasn't named until two or three hundred years after Jesus was dead. Right or wrong? Any history book will tel this, any theologian knows this, and the only Negroes who will contend this are those who don't know history, and most Negroes don't know history. Most Negroes will contend this, but when you tell it to the white man he shuts his mouth because he knows that this is true.

Then those who have studied a little deeper will say, " Before God called it Christianity it was called Judaism" -isn't this what they say? Named after a man called Judah. This doesn't follow logically. If Christianity was named after Christ was born, and before Christ was born the religion was called Judaism, then that means that it got its name from a son of jacob whose name was Judah. But history tells us that Jacob was bending down before Judah was born, which shows us that Jacob's religion couldn't have been Judaism, and Isaac was Jacob's bather and he was bending down also before Jacob, his son, was born. Isaac was Judah's grandfather and Abraham was Judah's great-grandfather, meaning that Abraham was on the scene long before Judah, and you couldn't call Abraham's religion Judaism because there was no such thing as Judaism in Abraham's day. There wa no such thing a Judaism in Isaac's day, or in Jacob's day. Do you understand? So what was God's religion before they called it Judaism? This is something that the white man has never taught you and me. The white man is afraid to let you and me know what's God's religion was called in Abraham's day because Abraham is supposed to have been the father of all of them. He is supposed to have been one of God's first servants. One of the first to submit to God is supposed to have been Abraham. Now if you can see this, then find out what Abraham's religion was.

The Honorable Elijah Muhammad teaches us that Abraham's religion was the religion of Islam. Islam only means complete submission to God, complete obedience to God. Abraham obeyed God. Abraham obeyed God so much so that when God told Abraham to take his son and sacrifice him-stick a dagger in his heart, isn't that what he said?- Abraham took his only son up on the mountain. He was going to sacrifice him to God, showing that he believed in Islam. What does Islam mean? Obey God. Submit to god. so that this name [writes "Islam'], if you'll notice, has no connection, no association, with the death of a man. This is not a man's name, this doesn't come from a man. This is not a man's name, this doesn't come from a man.

Buddhism is named after a man called Buddha; Confucianism is named after a man called Confucius-right or wrong? Likewise with Judaism and Christianity. But Islam is not connected with any name. Islam is independent of any name. Islam is an act which means submit completely to God, or obey God. And when you say your religion is Islam that means you're a Muslim. So to clarify this what must you do? You must have a knowledge of history. If you don't have a knowledge of history you'll run around calling yourself a Christian when you're serving God, or you'll run around saying your religion is Judaism and you'll swear you're serving God. If your religion is Christianity you're following Christ, if your religion is Judaism you're following Judah, if your religion is Buddhism you're religion is Buddhism you're following Buddha, do you understand? And they are all dead, and if you follow them you'll die too. This is where it all leads you. Wherever your leaders go, that's what happens to you. Now we who follow The Honorable Elijah Muhammad, we believe in Islam, we don't believe in Muhammad.

He teaches us the religion of Islam. Do you understand the difference? These people who follow Christ [pointing to the cross painted on the blackboard], they believe in Christ; they believe Christ is God-Oh yes, they do- that he was born of the Blessed Virgin, didn't have a father, was just a spirit, and then came into the world and was crucified, rose form the dead, and went up into space. They believe that, but they believe it because they don't know history. But if you notice, the Jews have a better knowledge of history than the Christians do, do they not? the Christians' history only goes back two thousand years; the history of the Jews goes back beyond four thousand years. Can you see this? And the Muslim history goes back...there is no limit to the Muslim history. If you notice, the Christians can only go back to what they call the Greek Empire. That's what they call the Occidental, the beginning of the Occident, the Greek Empire, the Roman Empire, and so forth. The Jews have a knowledge of history that goes back to Egypt and Babylon. You notice how one goes back...it has no limit. There are no chains on how far you can go back when you are a Muslim. The Christians and the Jews combined go back to whom? To Adam, and they stop right there. And they say beyond him there was nothing happening. The greater their knowledge of history is -this has an influence on the type of religion that they accept. Do you understand?

All praise is due to Allah. Another example: What makes the royal family of Europe, or any country, differ from the peasant? Royalty knows its ancestry, royalty knows its history, this is what makes them royal. You can't have a king who can't trace his history back to his forefathers. The only way you can be king is to be born a king. If you take away his history, and he doesn't know who his forefathers were, what does he become? A peasant -a common ordinary man. Same with the Jews and Christians. It's because the Jews have the longest record of history that they can call themselves the Chosen People. The Christians can't call themselves the Chosen People because their history is not long enough. They can't go back to the time when the choice was being made. The Hebrews, the so-called Jews, can go back so far they can lay claim to that which is actually not theirs. But the reason they can claim it is that nobody else they are dealing with can go back far enough to disprove them. Except the Muslims -do you understand? So The Honorable Elijah Muhammad's mission is to teach the so-called Negroes a knowledge of history, the history of ourselves, our own kind, showing us how we fit into prophecy, Biblical prophecy. When you go to one of the churches you will notice that it is named after some word in their Bible: Big Rock Baptist Church, or Drinking at the Well Baptist Church, Friendship Baptist Church, Union Baptist, Israel Baptist, Jacob's Ladder Baptist. They find some kind of old funny word in their Bible to name their whole religion after. Their whole doctrine is based on a verse in the Bible: "He rose."

The Honorable Elijah Muhammad bases what he teaches not on verse but on the entire book. And from beginning to end, he says, he can open up the Book and prove that the Bible agrees with him, and then use the Bible to prove that what they are teaching in the church is wrong. You know that's saying something.

For instance, he says that in Genesis, the fifteenth chapter and the thirteenth verse, just to give you an example: "And he said unto Abram, Know of a surety that thy seed shall be a stranger in a land that is not theirs, and shall serve them; and they shall afflict them four hundred years; and also that nation, whom they shall serve, will I judge: and afterward shall they come out with great substance." Now The Honorable Elijah Muhammad says that explains his teachings right there, because he teaches that the so-called Negro is the one that the Bible is talking about. Who have spent four hundred years and are strangers in a land that is not theirs? And you can't deny that we are strangers here. I don't think any of you will deny that we are strangers here. We are not in a country where we are made to feel at home. We'll put it that way. There is hardly any Negro in his right mind who can say he feels at home in America. He has to admit that he is made to feel like a stranger. Right or wrong? Well, this is what God said to Abraham would happen in this day and time. Remember, Abraham's religion was Islam. Abraham wasn't a Jew, Abraham wasn't a Christian, Abraham wasn't a Buddhist, Abraham was a Muslim, which means he obeyed God. God told him, yes. He said, your people are gong into bondage, they're going to become slaves, they're going to be afflicted, they'll be strangers in a land far from home for four hundred years. The Honorable Elijah Muhammad says you and I are the seed of Abraham, we're the descendants of Abraham. Now the preacher in the church, he tells you that the Jews are the seed of Abraham. One of them is right and one of them is wrong: either Mr. Muhammad is right and the preacher is wrong, or the preacher is right and Mr. Muhammad is wrong. This is what we are putting on the line today.

Who is the seed of Abraham? Is it this blue-eyed, blond-haired, pale-skinned Jew? Or is it the so-called Negro -- you? Who is it? And what makes it so pitiful, many of our people would rather believe that the Jews are God's Chosen People than to believe that they are God's Chosen People. They would rather believe that the Jew is better than anybody else. This is a Negro. Nobody else would put everybody else above him but the Negro. I mean the American Negro. Remember, God said that the people would be strangers. The Jews aren't strangers. The Jews know their history, the Jews know their culture, the Jews know their language; they know everything there is to know about themselves. They know how to rob you, they know how to be your landlord, they know how to be your grocer, they know how to be your lawyer, they know how to join the NAACP and become the president -right or wrong? They know how to control everything you've got. You can't say they're lost. But the poor so-called Negro, he doesn't control the NAACP, he can't control the Urban League, he can't control his own schools, he can't control his own businesses in his own community. He can't even control his own mind. He's lost and lost control of himself and gone astray.

But he fits the picture here that the Bible says concerning our people in the last day: "Know of a surety that thy seed shall be a stranger in a land that is not theirs, and shall serve them." And you have served the white man; he hasn't served you and me. Why, the Jew hasn't served anybody here. You are the one that's serving: "And they shall afflict them four hundred years; and also that nation, whom they shall serve, will I judge: and afterwards shall they come out with great substance." Ofttimes when you say this to the so-called Negroes they'll come up and tell you that this is the Jew. But if you'll notice, when jesus was talking to the Jews, way back here in John, he told them that they shall know the truth and it will make them free. The Jews popped up and said: "How are you going to say that we shall be made free? We have never been in bondage to anyone." Isn't that what the Jews told Jesus? Now look at it. If the Jews said to Jesus, two thousand years after Moses supposedly led the Hebrews out of bondage, that they had never been in bondage -now you know the Jews had Moses' history, they knew who Moses was- how could they stand up and tell Jesus they had never been in bondage? Not these things that you call Jews. They weren't in Egypt, they weren't the people that Moses led out of Egypt, and the Jews know this. But the Bible is written in such a tricky way, when you read it you think that Moss led the Jews out of bondage. But if you get a Jew in a good solid conversation today and you know how to talk to him, he'll have to admit this, that it wasn't out of bondage that Moses brought them -it was out of somewhere else- and where Moses really brought them is their secret, but, thanks to Almighty God, The Honorable Elijah Muhammad knows their secret, and he told it to us and we're going to tell it to you.

If the Bible said that god is going to judge that nation, the nation that enslaved His people, how would He keep from destroying His own people? The same Bible is a book of history and in the eighteenth chapter of the book of Deuteronomy, in the eighteenth verse, god told Moses: "I will raise them up a Prophet" -talking about you and me- I'll raise them up a prophet just like thee -a prophet like Moses whose mission it would be to do for you and me the same thing that Moses did back them. It would be a prophet like Moses. In fact, when you get down to malachi, He lets it be known that just before He comes to judge that nation, the name of the prophet or messenger whom He would send among the people would be Elijah. If says: Before the coming of that great and dreadful day I shall send you elijah and Elijah's job will be to turn the hearts of the children to the fathers and the hearts of the fathers to the children. What does this mean, turn the hearts of the children to the fathers? The so-called Negro are childlike people -you're like children. No matter how old you get, or how bold you get, or how wise you get, or how rich you get, or how educated you get, the white man still calls you what? Boy! Why, you are a child in his eyesight! And you are a child. Anytime you have to let another man set up a factory for you and you can't set up a factory for yourself, you're a child; anytime another man has to open up businesses for you and you don't know how to open up businesses for yourself and your people, you're a child; anytime another man sets up schools and you don't know how to set up your own schools, you're a child. Because a child is someone who sits around and waits for his father to do for him what he should be doing for himself, or what he's too young to do for himself, or what he is too dumb to do for himself. So the white man, knowing that here in America all the Negro has done -- I hate to say it, but it's the truth -- all you and I have done is build churches and let the white man build factories.

You and I build churches and let the white man build schools. You and I build churches and let the white man build up everything for himself. Then after you build the church you have to go and beg the white man for a job, and beg the white man for some education. Am I right or wrong? Do you see what I mean? It's too bad but it's true. And it's history. So it shows that these childlike people -people who would be children, following after the white man -it says in the last day that God will raise up Elijah, and Elijah's job will be to turn the hearts of these children back toward their fathers. Elijah will come and change our minds; he'll teach us something that will turn us completely around. When Elijah finds us we'll be easy to lead in the wrong direction but hard to lead in the right direction. But when Elijah gets through teaching the Lost Sheep, or the Lost People of God, he'll turn them around, he'll change their minds, he'll put a board in their back, he'll make them throw their shoulders back and stand upright like men for the first time. It says he'll turn the hearts of these children toward their fathers and the hearts of the fathers toward the children. This is something that The Honorable Elijah Muhammad is doing here in America today. You and I haven't thought in terms of our forefathers. We haven't thought of our fathers. Our fathers, brothers, are back home. Our fathers are in the East. We're running around here begging the Great White Father. You never hear of black people in this country talking or speaking or thinking in terms of connecting themselves with their own kind back home. They are trying to make contact with the white man, trying to make a connection with the white man, trying to connect, trying to make a connection with a kidnapper who brought them here, trying to make a connection with, actually, the man who enslaved them. You know that's a shame -- it's pitiful -- but it's true.

The Honorable Elijah muhammad says that when Elijah comes, the Book says when Elijah comes, what Elijah will do is to teach these people the truth. And the truth that Elijah will teach the people would be so strong it will make all that other stuff that the preachers are talking about sound like a fairy story. Elijah will open the people's eyes up so wide that from then on a preacher won't be able to talk to them -and this is really true. Do you know, people have come to Muhammad's Mosque and no matter whether they believed in what Mr. Muhammad was saying or not they never could go back and sit in church. This is true. What The Honorable Elijah Muhammad does is to turn on the light, and when he turns on the light it enables us to see and think for ourselves. He shows us that what the white man has taught us concerning history has actually been a distortion. He's never given you and me true facts about history, neither about himself nor about our people. You know I read a book one day called The Four Cities of Troy. You can go to the library, some libraries, and check it out. What was this based on? To show you what a liar the white man is. When i say liar: you have white people who are scientists and keep truth in their own circles, and they never let you -- they never let the masses -- know anything about this truth that they keep in the circle. They got something else that they invent and put out for the masses to believe, but they themselves keep knowledge in a circle. So in this particular book it pointed out that some archaeologists were delving in the ruins of the ancient city of Troy, and it's the practice of archaeologists to dig, so in digging down into the ruins of Troy they dug deeper than they intended to, and they ran into the ruins of another city that had been there so much longer than this city of Troy that it had gone down beneath the sands of time, and they had built this city of Troy on top of it. When these archaeologists were delving into the ruins of the ancient city they learned that there were ruins of a city more ancient than that. So they started frantically digging onto that one and dug some more until they found another one and before they got through digging they had dug down and they had discovered that civilizations in that area had been there so far back into history that at different times in history some of the cities had been destroyed, had become completely covered up with sand and dirt, until another people came along and didn't even know it was there and built another civilization on top of it. This happened four different times -to give you some idea of what the white man knows concerning the length of time man has been on this earth -and still that white man would jump up in your face and try to make you believe that the first man was made six thousand years ago named Adam. And a lot of Negroes will want to know what you are talking about -Adam -that's what God called him -God took some dirt and breathed on it and told Adam, "Come forth," and there he was. Now you know that's a shame. It's all right to believe when you were a little baby that God made a little doll out of the sand and mud and breathed on it an that was the first man. But here it is 1962 with all this information floating around in everybody's ears -you can get it free. Why, you should open up your minds and your heads and your hearts and realize that you have been led by a lie. Today it's time to listen to nothing but naked, undiluted truth. And when you know the truth, as Jesus said: "The truth will make you free." Abraham Lincoln won't make you free. Truth will make you free. when you know the truth, you're free. Also you have your archaeologists, anthropologists, other forms of historians who agree that they don't know how long man has been on earth, but they do know that man has been on earth longer than six thousand years. They know that man was not made just six thousand years ago. They know this now but a long time ago they didn't know it. There was a time when they believed that a man had fewer ribs than a woman. You can believe that because they said that God made Eve from one of Adam's ribs -so Adam had a rib missing. And they actually ran around here believing for many rears that man had one less rib, and they were shook up when they got into the science of anatomy and discovered that man -all his ribs were there! They began to wonder then what happened in the Bible?

How long has man been here? In the Bible in the first chapter of Genesis and the twenty-sixth verse, after God had made everything else it says: "And God said, Let us make man." Let me write what God said here on the board...Look what God said, brothers. I don't think you ever looked at this. It says: "And God said, Let us make man." The key word here is what? Yes, what does "us" mean? More than one. Who was God talking to? If God was all by Himself, no one was there but Him, who was He talking to when He said, "Let us make man"? Who was there with God who was about to help Him make this man? When God was getting ready to make the sun He didn't say, "Let us make some sun!" He said, "Let there be light." And here is the sun, a ball of fire 2,679,785 miles in circumference, 853,000 miles in diameter, 17,072 degrees hot, and God said, "Let there be," and that big ball of fire popped up there in the universe, with no help. Now you know something is wrong. It should be harder to make that than man: a huge ball of fire 2,679,785 miles in circumference, 14,072 degrees hot -that's a whole lot of heat. And God said, "Let there be," and that just jumped up in the universe. He didn't ask for no help: "Let there be this and let there be that." He had so much power that everything He wanted came into existence; as soon as He said "be," there it was. But when He got to man something happened, someone else was there, wasn't there? That's something to think about. We let you think about it for a minute...

The white man's world is newer world than the black man's world. If this man said that they were about to make man, and he said we would make him how -in your image -this shows you that there's somebody there with him. "Let us make man on our image, in our likeness. Let us make him look like us. He won't be the same as we are, he'll be in our image." That's God talking, right? He's talking to somebody. You know, I'm thankful to Allah for raising up The Honorable Elijah Muhammad and making us see these things that we could never see before. The birth of the white race has always been a secret. The Honorable Elijah Muhammad says that the birth of the white race is shrouded in the story of Adam. The story of Adam hides the birth of the white race, and because you and I have never been taught to look into a thing and analyze a thing we took the story of Adam exactly as it was. We thought that God made a man named Adam six thousand years ago. But today The Honorable Elijah Muhammad teaches us that man, Adam, was a white man; that before Adam was made the black man was already here. The white man will even tell you that, because he refers to Adam as the first one. He refers to the Adamites as those who came from that first one. He refers to the pre-Adamites as those who were here before Adam. Right or wrong? Those people who were here before Adam. And he always refers to these people as "aborigines," which means what? BLACK FOLK!!!! You never find a white aborigine. Aborigines are called natives, and they're always dark-skinned people. You and I are aborigines. But you don't like to be called an aborigine; you want to be called an American. Aborigine actually means, "from the beginning." It's two Latin words, "ab" meaning "from"; "origine" meaning "the beginning"; and aborigine is only the term applied to those dark-skinned people who have been on this earth since the beginning of the universe. You know that's going way back. What do you mean, since the beginning of the universe?

The Honorable Elijah Muhammad teaches us that, just as we pointed out a moment ago, the black man has been here a long time. He never has had a beginning. But the white man has never had a knowledge of the history of the black man. It's like a father and a son. If the father is fifty years old and the son is only ten, the father knows everything there is to know about his son because he was here before his son was born; the son only knows what has happened during his own ten years. He only knows what went on before his arrival from what his father tells him. It's the same way with the black man and the white man: the black man's been here a long time, but the white man has been here a short time. Now the white man only knows about himself, what he's been told, and he hasn't been told anything. He came to himself up in the caves of Europe, and he can't get any information that goes beyond the cave. And since you and I fell into his trap and were made deaf, dumb, and blind by him, we don't have access no tho any information that the white man doesn't know about. So we think that the beginning of the white man meant the beginning of everything, us too. We're not aware that we were here before he was made. Can you understand that? The Honorable Elijah Muhammad teaches us that sixty-six trillion years ago -trillion, how much is trillion? Not hundreds, not thousands, nor millions, nor billions, but sixty-six trillions years ago - the black man was here. We have the sun which is the center of the universe; 36,000,000 miles form the sun is the planet we call Mercury, and 67,200,000 miles from the sun is the planet called Venus, and 93,000,000 miles from the sun is the planet here that you and I live on called Earth, 141,500,000 miles out here is a planet called Mars, and 483,000,000 miles from the sun is a planet called Jupiter, 886,000,000 miles form the sun is a planet called Saturn, and on down the road a piece are a couple more planets. So right here this planet that you and I live on called Earth, that rotates around the sun, The Honorable Elijah Muhammad teaches us that sixty-six trillion years ago our people were living on this planet: the black man was living on this planet. But in those days it was larger than it is now, and the planet Mars, that was off here beyond it, had an effect upon our planet then in the same manner that the moon affects us today. At that time there was no moon up there. Where was the moon? The moon was down here, the moon was part of this planet, the moon and this planet were one planet, and the black man was living here then. He was a scientist, he was a wise black man. Black men have always been wise, black men have always been the wisest beings in the universe, and among these beings, black beings, there is on who is supreme; he is referred to as the Supreme Being, do you understand?

So The Honorable Elijah Muhammad tells us that a wise black scientist, sixty-six trillion years ago, began to argue with the other scientists because he wanted the people of Earth to speak a certain language, and since they wouldn't agree he wanted to destroy civilization. So this scientist drove a shaft into the center of the Earth and filled it with high explosives and set it off. He was trying to destroy civilization; he was trying to destroy the black man. But you can't destroy the black man; the black man can't destroy himself. The black man has the most powerful brain in the universe. So there is no intelligence more powerful than the intelligence of the black man. And because of this the black man can't even create thought that would destroy him. He is indestructible. You can blow up everything and the black man will still be here. You just can't get away form him, brother. So The Honorable Elijah Muhammad said he filled the Earth, the planet, with high explosives and set it off, and when it was exploded the piece that you and I today call the moon was tossed out here into space and it rotated around the Earth. It still rotates around the Earth; it came from the Earth; it was blasted right off the Earth. And as it was blasted right off the Earth, it turned over and over and over and all of the water that was on it stayed with the earth. So that the piece that was blasted out there has no water on it today, and because it has no water on it it has no civilization on it, has no life on it. You can't have life where there's no water there's no life; where there's no life there's no civilization. Can you understand that? So this dead piece, called the moon by us today, turning over and over and over, lost all of its water, all of the water coming with this piece. The Honorable Elijah Muhammad told us that this piece, that the earth, that we remained on, shifted, dropped thirty-six thousand miles in the pocket that we remained in. And as it dropped and all of water came with it, that left a situation in which today the Earth that we now live on weighs six sextillion tons. The weight of it is six sextillion tons. And as it makes its way around the sun, the strong power of the sun's rays striking the equator causes the planet to turn on its own axis at the speed 10371/3 miles per hour. And he teaches us that the square mileage of the Earth is 196,940,000 square miles which means only 57,255,000 square miles of land stuck up out of 139,685,000 square miles of water. Three-fourths of the Earth's surface is covered with water. Part of the water that left the moon is here with the Earth. So you say since it's the natural law for water to seek its own level, why doesn't it overrun the land? The Honorable Elijah Muhammad says that as the Earth speeds around the sun turning on its axis 10371/3 miles per hour it creates gravity and the strong attracting power of the sun pulls on the waters of the Earth, drawing them up into the Earth's atmosphere in fine mist that the naked eye can hardly detect. As this water gathers into the Earth's atmosphere it then distills and comes back to Earth. When it gets heavier than the atmosphere in which it is, it distills and comes back to the Earth in the form of water, rain, hail, or snow. All of the water that you see coming out of the sky went up into the sky. Everything that's coming down on the Earth got up thee by leaving the Earth. Do you understand? And he teaches us that it comes back down in the form of hail or rain or snow or whatever else you have, depending upon the temperature of the current atmosphere that it was in. He says that at night the gravitational pull of the moon takes over, and, because the power of the moon is not as great as that of the sun, once the attracting power of the sun is absent at night the moon takes over, but since it can't pull the waters up like the sun does, it still has that magnetic pull and it causes the waves that you see out there on the ocean to churn. It is the moon that does that; the moon makes the waves go up and down. It never lets them level out. If they leveled out the water would overrun the land. It also causes the shifting of the tide. This is the pull of the moon upon the waters of the Earth. If it weren't for the attracting powers of the sun and the moo upon the Earth, the waters would overrun the land and drown out civilization. All of this was done by man himself, not some Mystery God. A black man set this up. And you and I have been running around in the trap that the white man put us in, thinking that the only one who can do anything is a Mystery God and what the Mystery God doesn't do the white man does.

The Honorable Elijah Muhammad says that all the time that this was going on there was no white man. The white man was nowhere on the scene. He says that when the moon was blasted away and we came along with the Earth, one tribe was in fact destroyed. Prior to the time that the explosion took place there were thirteen tribes. In the explosion set off sixty-six trillion years ago the thirteenth tribe was destroyed and then all of the time down through the wheel of time since then there were twelve tribes until six thousand years ago. And six thousand years ago, a scientist named Yacub created another tribe on this Earth.

Understand, prior to the time the explosion took place, there were thirteen tribes, but the thirteenth tribe was destroyed in that explosion and then six thousand years ago another tribe came on the scene. It was made different from all of the twelve tribes that were here when it arrived. A new tribe, a weak tribe, a wicked tribe, a devilish tribe, a diabolical tribe, a tribe that is devilish by nature. So that before they got on the scene, The Honorable Elijah Muhammad says that when we came with the Earth, the oldest city on the Earth is the Holy City, Mecca, in Arabia. Mecca is the oldest city on Earth. Mecca is the city that is forbidden. NO one can go there but the black man. No one can go there but the Muslims. No one can go there but the believer. NO one can go there but the righteous. And at Mecca are kept the records of history that go on back to the beginning of time. He says that fifty thousand years ago another scientist named Shabazz became angry with the scientists of his day. He wanted to bring about a tougher people. He wanted the people to undergo a form of life that would make them tough and hard, and the other scientists wouldn't agree with him. So this scientist named Shabazz took his family and wandered down into the jungles of Africa. Prior to that time no one lived in the jungles of Africa. Our people were soft; they were black but they were soft and delicate, fine. They had straight hair. Right here on this Earth you find some of them look like that today. They are black as night, but their hair is like silk, and originally all our people had that kind of hair. But this scientist took his family down into the jungles of Africa, and living in the open, living a jungle life, eating all kinds of food had an effect on the appearance of our people. Actually living in the rough climate, our hair became stiff, like it is now. The Honorable Elijah Muhammad says that the only hair that the black man has today that looks now like it looked prior to fifty thousand years ago is your and my eyebrows. Right here, you notice, all Negroes has straight -I don't care how nappy their hair is -they have straight eyebrows. When you see a nappy-hair-eyebrowed Negro [chuckle] you got somebody. But all of this took place back in history, and everything The Honorable Elijah Muhammad teaches is based on history. Now then, where does this white man come in?

The Honorable Elijah Muhammad says that the wise black man who was a master of science never wrote his history like it is written today, of the past. The wise black man in that day wrote his history in the future. The Honorable Elijah Muhammad says that the circumference of the Earth is 24,896 miles, approximately 25,000 miles. So when he says the wise black man of the East writes history a year of every mile, he writes history to last for 25,000 years -not in the past, but in the future. He says that on this Earth there are wise black men who can tune in and tell what's going to happen in the future just as clear -they can see ahead just as clear -as they can see in the past. And every 25,000 years he says that civilization reaches its peak, or reaches its perfection. At this time the wise black man can hear a pin drop anywhere on he planet Earth. And they sit down and write history to last for 25,000 years. After this history expires they put it in a vault at the Holy City, Mecca, and write a new a new history. This has been going on and on and on. So, in the year one of the cycle in which we now live, he says that in the East there are twenty-four wise men. They're spoken of in the Bible as twenty-four elders or twenty-four prophets or twenty-four scientists or twenty-four imams. Twelve of them are major and twelve of them are minor. So The Honorable Elijah Muhammad says that these twenty-three men are called together by this one, which makes twenty-four. And these twenty-four, these twenty-three presided over by the twenty-fourth, are spoken of in the Book of Revelation where John said he had a vision in heaven where there was a throne, and around the throne were twenty-four seats and on the seats sat twenty-four elders. These twenty-four elders are called angels. They are actually twenty-four wise black men who live right here on this Earth, but no one knows who they are. At the end of every 25,000 years this one calls all of them into conference, and they sit down at the Holy City, Mecca, and he informs them that the history of the past 25,000 years has expired and it's time to write a new history. So these twenty-four, these scientists, begin to tune in on the population of the planet Earth and he says that back in his day -at that time there were five billion people on this Earth -all of them black, not a white man in sight -five billion people -not a white man in sight, so he says that when these twenty-four scientists begin to tune in, they look down through the wheel of time. they can tell not only what the people on this Earth are thinking, but they can tell what their children are thinking, what the unborn children's children are thinking, what the unborn children's children are thinking. They can look right down through the wheel of time and tell minute-by-minute, hour-by-hour, day-by-day, week-by-week, monthly-by-month, year-by-year, for 25,000 years exactly what is going to take place. And they discovered that in the year 8400 to come it would register that among five billion black people, seventy percent would be satisfied and thirty percent would be dissatisfied. And out of that thirty percent would be born a wise black scientist name Yacub, and Yacub would teach among these thirty percent dissatisfied form whom he would come, and create a new race, start a new world, and a new civilization that would rule this Earth for six thousand years to come. So they brought these findings back to the king and they were put in a book. And by the way, that which is written to last 25,000 years is called the Holy Koran.

The Honorable Elijah Muhammad said that this was put into the history and then when the year 8400 came, Yacub was born. When Yucab reached the age of six years he was playing in the sand one day with two pieces of metal, two pieces of steel, at which time he discovered what is known as the law of magnetism: that unlike attracts and like repels. Two objects that are alike repel each other like two women repel each other, but man and woman attract each other. Unlike attracts and like repels. Yacub discovered this. So Yacub knew that all he had to do was make a man unlike any other man on this Earth and because he would be different he would attract all other people. Then he could teach this man a science call tricknology, which is a science of tricks and lies, and this weak man would be able to use that science to trick and rob and rule the world. So Yacub turned to his uncle and said, "When I grow up I'm going to make a man who will rule you." And Yacub's uncle said,"What can you make other than that which will cause bloodshed and wickedness in the land?" And Yacub pointed to his head and said," I know that which you know not." Yacub was born with a determined idea to make this man because it had been predicted 8400 years prior to his birth that he would be born to do this work. So he was born with this idea in him, and when his uncle realized that this was he about whom it had been prophesied his uncle submitted. The Honorable Elijah Muhammad said that Yacub went to school in the East; he studied the astronomical sciences, mathematical sciences, and the germination of man. He discovered that in the black man there are two germs. IN the black man there's a brown man. In the black man, or the black germ, which is a strong germ, there's a weak germ, a brown germ. Yacub was the first one to discover this and Yacub knew that by separating that brown one from the black one, and then by grafting the brown one from the black one so that it became lighter and lighter, it would eventually reach its lightest stage which is known as white. And when it got to that stage it would be weak, and because it was weak it would be susceptible to wickedness. And then Yacub could take that weak man that he made and teach him how to lie and rob and cheat and thereby become the ruler of all the rest of the world.

So The Honorable Elijah Muhammad teaches us that Yacub began to preach at the age of sixteen. He began to preach all over Arabia in the East. He preached among the thirty percent who were dissatisfied and got many of them to follow him. As they began to listen to Yacub's teachings and believe them, his teachings spread, his followers grew, and it created confusion in the land. So The Honorable Elijah Muhammad says that so much confusion came into existence over there that they threw yacub's followers in jail, and as fast as they would throw them in jail they taught more people. So the teachings spread in jail. Finally yacub was put in jail, under an alias. And one day, The Honorable Elijah Muhammad says, the thing began to get out of hand and the authorities went to the king and told him that they couldn't control these people, but that they had the leader of the people in jail right now, and the king said, "Take me to him."

And when the king went to the jail where Yacub was, he greeted Yacub with "As-Salaam-Alaikum, Mr. Yacub" -- I know you're Mr. Yacub -- and Yacub said, "Wa-Alaikum-Salaam" -- I am Yacub! And the king said, "Look, I came to make an agreement with you. I know that you are the one that it is written or predicted would be on the scene in this day and would create a new race, ant there is nothing we can do to stop you. But in order for us to have peace we want to make an agreement with you. In order to stop the confusion and for there to be some peace in the land, we want you to agree to take all who will follow you and exile yourselves out on an island in the Aegean Sea."

Yacub told them, "I'll go. But you've got to give me everything that I will need to bring into existence a new civilization. You've got to give me everything I'll need. You've got to supply me with everything I need for the next twenty years." And The honorable Elijah Muhammad says that the king agreed with Yacub, the government of that day agreed to supply Yacub and his followers with everything they needed for twenty years. And he says that he gets this from the Bible where it says Jacob wrestled with the angel. Jacob was Yacub, and the angel that Jacob wrestled with wasn't God, it was the government of that day. "Angel only means "a power," or somebody with power. When a man has his wings clipped, you say that he has lost his power, lost his position. So wings only mean a position of power entrapped him. So when it says Jacob wrestled with an angel,"angel" is only used as a symbol to hide the one he was really wrestling with. Jacob was wrestling with the government of that day. He made the government of that day give him everything he needed to last him and his followers for twenty years, just like The Honorable Elijah Muhammad is telling the government of this day that they've got to give us everything that we need in our own separate territory to last us for twenty to twenty-five years. You say, well, The Honorable Elijah Muhammad teaches us that Yacub agreed, the government agreed, Yacub took all of his followers down to the sea. The Honorable Elijah Muhammad says that Yacub took 59,999 of his followers down to the seaside, with himself making 60,000. He piled them in boats and took them out to an island in the Aegean Sea called Pelan. In the Bible it's called Patmos. When you read in the Book of Revelation where John, on the island of Patmos, heard the word of the Lord, that is Yacub. What was John doing on the island of Patmos? John was Yacub. John was out there getting ready to make a new race, he said, for the word of the Lord. What was the word of the Lord? The word was that in the year 8400 a new man would be made, a new race world be made. And when Yacub and his followers got out there his followers realized that Yacub was wiser than any man of his day, and they recognized him as a god; he was a god to them. So when you get to the place in the Bible where it says, "And God said, 'Let us make man,'" that was Yacub too, not the Supreme Being. It wasn't the Supreme Being who made the sun who said, "Let us make man." When the Supreme Being made the sun he said, "Let there be light." He said He was supreme, He was independent, He needed no help, no associates. But when it came to making a man, that god said, "Let us make man." He didn't speak with independence, because there were two different gods. God the Supreme Being made the light. His word is "be"; that's how He makes things. But Yacub, who was lesser god, said to 59,999 of his followers, "Let us make man, let us make a man in our image, in our likeness. We're going to make a white man." It was Yacub talking: "Make him in our image and in our likeness, and give him dominion over the fowl of the air and the fish of the sea and the creatures of the land. And we'll call him Adam." It's only a name for the white man. The white man has taken mastery over the air, his airplanes rule the sky, his submarines and ships rule the sea, his armies rule the land. This was the man that was made six thousand years ago and the purpose for making him was so he could rule the world for six thousand years. That's the white man.

The Honorable Elijah Muhammad says that first thing Yacub did was to get his ministers, doctors, nurses, and cremators together. He gave them the laws because he had to set up a birth control law. He told the doctors whenever two black ones come to him to get married to stick a needle in their veins, take some blood, and go back and tell them that their blood doesn't match so that they can't marry. He also said when a black one and a brown one come, let them get married, or if two brown ones come let them get married. Then he told the nurse nine months after they're married, when you're ready to deliver their child, if it's a black child, put a needle in its brain and feed it to a wild animal or give it to the cremator. Let it be destroyed. But if it's a brown child, take that child to the mother and tell her that this is going to be a great man when he grows up because he's lighter than that the others. Tell her that the child you destroyed was an angel baby and it went up to heaven to prepare a place for her when she dies. Same old lie they tell you today -when a little baby dies he goes to the same place a man goes when he dies -right down into the ground. Is that right or wrong? So The Honorable Elijah Muhammad has taught us that Yacub right there set up his birth control law. Within two hundred years they had killed off all of the black babies on the island. Everything black on the island had been destroyed. And them Yacub only lived 150 years. But he left laws and rules and regulations behind, for his followers to go by. And after they had destroyed all of the black on the island of Pelan, they began to work on the brown germ. They saved the yellow and destroyed the brown, because you see in the black there's brown and in the brown there's yellow. Can you see how it goes? The darkest one always has a lighter one in it. So in the black man there's a brown man, in the brown man there's a yellow man, in the yellow man there's what? A white man. Oh yes. Getting weaker all the time. So it took two hundred years to destroy the black. And then they worked on the brown for two hundred years. And in two hundred years all the brown was destroyed and all they had on the island of Pelan was a yellow or mulatto-looking civilization. And then they went to work on it and began to destroy it. So that after six hundred years of destruction on the island of Pelan, they had grafted away the black, grafted away the brown, grafted away the yellow, so that all they had left was a pale-skinned, blue-eyed, blonde-haired thing that you call a man. But actually the Bible calls him the devil. That's the devil that the Bible is talking about: old Lucifer, Satan, or the serpent. Because the lighter they got, the weaker they got. As they began to get lighter and lighter they grow weaker and weaker. Their blood became weaker, their bones became weaker, their minds became weaker, their morals became weaker. They became a wicked race; by nature wicked. Why by nature?

The Book says concerning the devil : " He was conceived in inequity and born in sin." What does this mean? At the outset the nurses had to kill the little black babies, but after a while it got so that the mother, having been brainwashed, hated that black one so much she killed it herself. Killed it herself, and saved the light one. And right on down for six hundred years. In order for the white one to come into existence, the darker one was always murdered, murdered, MURDERED! this went right into the nature of the child that was being born. the mother wanted a light baby when the child was being conceived. This went right into the baby. The mother hated black when the child was being conceived, this went right into the baby. So that at the end of the six hundred years, after planting the seed of inequity right into the brain, right into the mind, right into the heart, right into the nature of these people, by the time they got the white man, they had someone who by nature hated everything that was darker than he was. Why, they had to murder off the black to get to the brown. They had to murder off the brown to get to the yellow. They had to murder off the black, brown, and yellow in order to get to the white. And right to this very day the white man by nature wants to murder off the black, brown, and yellow. You don't have to teach him to kill the black man. He does it for sport. He does it for kicks. he does it because it's his nature to do it. Do you understand that?

So in six hundred years now they got a devil in the scene, a blue-eyed devil, bond-haired. Oh yes, they were out here on the island of Pelan. Yacub was dead. Yacub was their father but he never saw them. They never saw him. Yacub was their god. When the Bible says no man has seen God, that's what it means. No white man has seen their god. NOne of them saw Yacub because Yacub only lived to be 150 years old. This doesn't mean that no man can see God the Supreme Being. Why, the Book of Revelation says when He comes every eye will see Him. So The Honorable Elijah Muhammad says after these devils go grafted -now we're not going to call them white any more. We call them what they are. White, that's their color, but devil, that's what they are. These aren't white people. You're not using the right language when you say the white man. You call it the devil. When you call him the devil you're calling him by his name -serpent; another name -snake; another name -beast. All these names are in the Bible for the white man. Another name -Pharaoh; another name -Caesar; another name -France; French; Frenchman; Englishman; American; all those are just names for the devil.

So after they were out there six hundred years, after they were made and grafted and Yacub was dead, then they packed up their bags and made it back to civilization. Yacub had left them some laws to go by. He left them a science called "tricknology": how to divide and conquer. Yacub told these people in his book : "All you got to do to take over the world is lie. Go back among the black people. Take your woman and send her to the black man's woman and let her lie about the neighbor across the street. And then send another woman to that woman to lie on this woman to that woman. And when they get through spreading those lies and they all started fighting and killing one another, you tell them to let you be the mediator." This is the trick the white man used. It all comes from Yacub. You see, he's an underdog. He's a minority, and the only way a minority can rule a majority is to divide the majority. This is the trick that the white man was born to execute among dark mankind here on this Earth. Yacub said, "When you go back among them, lie about them to each other, and when they start fighting, ask them to let you be the mediator. And as soon as you become the mediator then you're the boss." The white man has done this trick everywhere. Here in America to the Indians. He sent one priest to the Indians in New York and another priest to the Indians in Pennsylvania and both of them would tell lies to both Indians, and the Indians who had never been at war with each other would start beating the tom-toms, the war drums, and then as they got ready to fight the priest would rum in and say, "Let me be the mediator." So he told the New York Indians, you just move out to Minnesota; and the Pennsylvania Indians, you move out to Oklahoma. That would leave the whole states of New York and Pennsylvania for the white man. You see how he does it? He's all over the world. He's a mediator. He's an instigator and a mediator. he instigates division and dissension and as soon as they start fighting one another he says, "OK, I'll settle it." if you don't think so look all over the world right now. Every place on this earth you have a division: South Korea -North Korea, South Vietnam -North Vietnam. Right or wrong? He is the one that makes this decision, he doesn't let anybody get together, but when it comes to his kind he's united. united States means all white people are united. United States of Europe, or European Common Market -they want to get together. But when you start talking about a United States of Asia, or a United States of Africa, why he says,"Oh no, too many different languages [chuckle]. You all don't have anything in common." You see how he does it? He always discourages unity among others but he encourages unity among his own kind. "United We Stand," that doesn't mean you. That means the white man. The white man it the one who stands united.

So The Honorable Elijah Muhammad says that these devils went back into Arabia. When they got there they started telling lies, started confusion, and in six months' time they had turned heaven into hell. Oh yeah, they had so much fighting going on among our people, brother, it became hell. We never did fight each other; we loved each other, we were in harmony with each other. And when these devils came back into our midst they turned our paradise into a hell. So it was taken to the king and the king looked into the book and said, "Why, these are Yacub's people." He said, "They were made to do what they're doing and the only way to have peace is to get rid of all of them. Put them all to death." So the king gave the order for all of the devils to be rounded up. And by devils I mean all those blue-eyed, blond-haired, white things. He gave orders for them to be rounded up there in the East, and they were rounded up. They were rounded up and taken down to the edge of the Arabian Desert. They were stripped naked, stripped of everything except their language. The Honorable Elijah Muhammad says that we put lambskin aprons around their waists to hide their nakedness. We put them in chains and marched them across the hot sands of the Arabian Desert. This is what the black man did tho the white man, brothers. This is what the gods did to the devils. Actually, if you think I don't know what I'm talking about, those of you who are Masons, you go through this and don't understand it. When you go in, they put a lambskin apron around your waist. They put you in what's called the "cable tow." Right or wrong? And then they make you jump up and down on an electric mat. Make you take off your shoes and put the juice in the mat and make you jump up and down. Why? What are they getting at? That's all a sign of what happened to the white man six thousand years ago. It just doesn't have anything to do with you, but you're supposed to be walking on hot sands when you jump up and down. Right or wrong? You've all been in some of that stuff. They tell you that's crossing the hot sand. And if you walk up to a Negro Mason and you ask him, "When you crossed the hot sand were you walking or riding?" he'll say, "I was walking." He's a fool. Because he was tiding. He was riding horseback. He was tiding on a camel. It was the white man that was in chains. It was the white man that had the apron around him. It was the white man that was walking the white sand. We walked them at high noon. We wouldn't even let them walk at night. We stopped at night. And you know how hot the sun and the sands are in Arabia. We expected the white man to die when we were running him out of the East. But that fool lived, brother [chuckle]. He lived. A lot of them died on the desert. And I might come back -all of this is tied up in the Masonic ritual. When a man gets initiated into the higher degrees of that order he goes through this. They put on the chains, they put on the aprons, and they darken him up and pretend to be driving him across. Then when he gets up to the top order in those degrees, they tell him what it means. The white man, they tell the white man what it means; a white Shriner, a white Mason, what it means. A Negro never learns what it means. But it actually points back toward the time when the white man, who is the devil, or Adam, as they say, was cast out of the Garden. When the Bible says Adam sinned and was cast out of the Garden, this is what is meant. And an angel was put at the East gate to keep him from coming back in. When the white man was run out of the East by the Muslims six thousand years ago into the caves of Europe, the people called Turks were put there at the Straits of the Dardanelles, with swords, and any old devil that they caught trying to come back across the water -WHOP!!! -off went his head. The Book tells you that the angel had a flaming sword, and any time any of them tried to come back across they were put to death.

The Honorable Elijah Muhammad says that the white man went down into the caves of Europe and he lived there for two thousand years on all fours. Within one thousand years after he had gotten there he was on all fours, couldn't stand upright. You watch an old cracker today. Crackers don't walk upright like black people do. Every time you look at them, they're about to go down on all fours. But those who have had some education, they straighten up a little bit because they're taught how to straighten up. But a black man can be the most dumb, illiterate thing you can find anywhere, and he still walks like a million dollars because by nature he's upright, by nature he stands up. But a white man has to be stood up. You have to put a white man on the square. But the black is born on the square.

Can we prove it? Yes. You notice in the East, dark people carry things on their heads, don't they? Just throw it up there and walk with it, showing you they have perfect poise, perfect balance. It just comes natural to them. You and I lost our poise. We, you, can't even wear a hat on your head, hardly, today [chuckle]. The Honorable Elijah Muhammad says that within one thousand years after the white people were up in the caves they were on all fours. And they were living in the outdoors where it's cold, just as cold over there as it is outside right now. They didn't have clothes. So by being out there in the cold their hair got longer and longer. Hair grew all over their bodies. By being on all fours, the end of their spine begin to grow. They grew a little tail that came out from the end of their spine...Oh yes, this was the white man, brother, up in the caves of Europe. He had a tail that long. You ever notice that anything that walks on all fours has a tail? That which straightens up doesn't have a tail, because when you get down, you see, you just make that spine come right on out. And just like a dog, he was crawling around up there. He was hairy as a dog. He had a tail like a dog. He had a smell like a dog. And nothing could get along with him but another dog. The Honorable Elijah Muhammad says that all the beasts up in Europe wanted to kill the white man. Yeah, they tried to kill the white man. They were after the white man. They hated the white man. So, he says, what the white man would do, he'd dig a hole in the hill, that was his cave. And his mother and his daughter and his wife would all be in there with the dog. The only thing that made friends with the white man was the dog. Everything else hated him. He'd sit outside of the cave at night in a tree with rocks in his hand, and if any beast came up and tried to get in the cave at his family, he'd throw rocks at it, or he'd have a club that he'd swing down and try to drive it away with it. But the dog stayed in the cave with his family. It was then that the dog and the white man amalgamated. The white woman went with the dog while they were living in the caves of Europe. And right to this very day the white woman will tell you there is nothing she loves better than a dog. They tell you that a dog is a man's best friend. They lived in that cave with those dogs and right now they got that dog smell. They got that dog...they are dog lovers. A dog can get in a white man's house and eat at his table, lick out of his plate. They'll kiss the dog right on the nose and think nothing of it. You're not a dog kisser. You don't see black people kissing or rubbing noses with dogs. But little white children will hug dogs and kiss dogs and eat with dogs. Am i right or wrong? You -all have been inside their kitchens cooling their food, and making their beds, you know how they live. The dog will live right in the white man's house, better than you can; you try and break your way in there and they'll put a rope around your neck [chuckle], but the dog has got free run of the whole house. He's the white man's best friend.

The Honorable Elijah Muhammad says that they lived up there for two thousand years, and at the end of two thousand years the scientists i the East, realizing that it was originally predestined that the white race would rule for six thousand years, and that they already lost two thousand years in the caves of Europe, sent a prophet up there, form Mecca, to teach the white race, the race of devils, how to become civilized again, and become upright, and come back and rule the way they had originally been meant to. The name of that prophet was Moses. moses never went down into Egypt. Moses went into the caves of Europe and civilized the white man. It was Moses who raised the devil form a dead level to a perpendicular and placed him on the square. Moses taught the white man how to cook his food. Moses taught the white man how to build a house for himself. He taught the white man also some of the tricknology that Yacub had originally meant for him, and it was Moses who put the white man back on the road toward civilization. He told him that he was supposed to rule for six thousand years, but that much of the time had already been lost, and at the end of time one would come who would destroy the whole white race. Moses taught them this. And this is why when the Jews, two thousand years later, were looking for the Messiah, they thought that Jesus was the Messiah and they put him to death because they knew when the Messiah came he was going to destroy that whole race of devils. The Jews knew this, so they put him to death thinking that they could stop him from destroying them. But actually, they made a mistake because Jesus two thousand years ago wasn't the Messiah. Their time wasn't up two thousand years ago. Their time would not be up until two thousand years later, the day and time that we're living in right now.

So, brothers and sisters, my time has expired. I just wanted to point out that the white man, a race of devils, was made six thousand years ago. This doesn't mean to tell you that this implies any kind of hate. They're just a race of devils. They were made six thousand years ago, they were made to rule for six thousand years, and their time expired in the year 19914. The only reason God didn't remove them then was because you and I were here in their clutches and God gave them an extension of time -not them an extension of time, but they received an extension of time to give the wise men of the East the opportunity to get into this House of Bondage and "awaken" the Lost Sheep. Once the American so-called Negroes have been awakened to a knowledge of themselves and of their own God and of the white man, then they're on their own. Then it'll be left up to you and me whether we want to integrate into this wicked race or leave them and separate and go to our own. And if we integrate we'll be destroyed along with them. If we separate then we have a chance for salvation. So on then note, in the name of Allah, and His Messenger The Honorable Elijah Muhammad, I bring my talk to a close, "As-Salaam Alaikum."

With your hands outstretched in this manner, follow silently in the closing Muslim prayer:

In the name of Allah, the Beneficent, the Merciful,
All praise is due to Allah, the Lord of the Worlds,
The Beneficent, the Merciful,
Master of this Day of Judgment in which we now live,
Thee do we serve and Thee do we beseech for thine aid.
Guide us on the right path,
The path upon which Thou hast bestowed favors,
Not the path upon which Thy wrath is brought down
Nor of those who go astray after they have heard Thy teaching
Say : He Allah is one God
Allah is He upon whom nothing is independent but
Upon whom we all depend
He neither begets nor is He begotten and none is like Him.
I bear witness there is none to be served but Allah,
And I bear witness that The Honorable Elijah Muhammad is
His True Servant and Last Apostle...Amen

Birmingham Sunday

2007-04-06T17:58:00.000-07:00

Song lyrics by Joan Baez

Come round by my side and I'll sing you a song.
I'll sing it so softly, it'll do no one wrong.
On Birmingham Sunday the blood ran like wine,
And the choirs kept singing of Freedom.
That cold autumn morning no eyes saw the sun,
And Addie Mae Collins, her number was one.
At an old Baptist church there was no need to run.
And the choirs kept singing of Freedom,
The clouds they were grey and the autumn winds blew,
And Denise McNair brought the number to two.
The falcon of death was a creature they knew,
And the choirs kept singing of Freedom,
The church it was crowded, but no one could see
That Cynthia Wesley's dark number was three.
Her prayers and her feelings would shame you and me.
And the choirs kept singing of Freedom.
Young Carol Robertson entered the door
And the number her killers had given was four.
She asked for a blessing but asked for no more,
And the choirs kept singing of Freedom.
On Birmingham Sunday a noise shook the ground.
And people all over the earth turned around.
For no one recalled a more cowardly sound.
And the choirs kept singing of Freedom.
The men in the forest they once asked of me,
How many black berries grew in the Blue Sea.
And I asked them right with a tear in my eye.
How many dark ships in the forest?
The Sunday has come and the Sunday has gone.
And I can't do much more than to sing you a song.
I'll sing it so softly, it'll do no one wrong.
And the choirs keep singing of Freedom.

Buffalo Soldier

2007-04-05T17:58:00.000-07:00

Song lyrics by Bob Marley

Buffalo Soldier, Dreadlock Rasta:
There was a Buffalo Soldier in the heart of America,
Stolen from Africa, brought to America,
Fighting on arrival, fighting for survival.

I mean it, when I analyze the stench -
To me it makes a lot of sense:
How the Dreadlock Rasta was the Buffalo Soldier,
And he was taken from Africa, brought to America,
Fighting on arrival, fighting for survival.

Said he was a Buffalo Soldier, Dreadlock Rasta -
Buffalo Soldier in the heart of America.

If you know your history,
Then you would know where you coming from,
Then you wouldn't have to ask me,
Who the 'eck do I think I am.

I'm just a Buffalo Soldier in the heart of America,
Stolen from Africa, brought to America,
Said he was fighting on arrival, fighting for survival;
Said he was a Buffalo Soldier win the war for America.

Buffalo Soldier troddin' through the land, wo-ho-ooh!
Said he wanna ran, then you wanna hand,
Troddin' through the land, yea-hea, yea-ea.

Said he was a Buffalo Soldier win the war for America;
Buffalo Soldier, Dreadlock Rasta,
Fighting on arrival, fighting for survival;
Driven from the mainland to the heart of the Caribbean.

Troddin' through San Juan in the arms of America;
Troddin' through Jamaica, a Buffalo Soldier# -
Fighting on arrival, fighting for survival:
Buffalo Soldier, Dreadlock Rasta.

Bury My Heart at Wounded Knee

2007-04-04T17:58:00.000-07:00

Song Lrics by the Indigo Girls

Indian legislation’s on the desk of a do right congressman
And he don’t know much about the issues so he picks up the phone
And asks the advice of the senator out in indian country
A darling of the energy companies ripping off
What’s left of the reservation

I learned the safety rule
I don’t know who to thank
Don’t stand between the reservation
And the corporate bank
They’re sending federal tanks
It isn’t nice but it’s reality

Bury my heart at wounded knee
I said deep in the earth
Won’t you cover me with pretty lies
Bury my heart at wounded knee

We got these energy companies
Who want to take the land
And we got churches by the dozens
Trying to guide our hands
And turn our mother earth
Over to pollution war and greed
No no

Bury my heart at wounded knee
Bury my heart at wounded knee
I said deep in the earth
Bury my heart at wounded knee
Won’t you cover me with pretty lies
Bury my heart at wounded knee
Bury my heart at wounded knee

We got the federal marshalls
We got the covert spies
We got the liars by fire
And the fbi
They lie in court and get nailed
And still leonard peltier goes off to jail
(the bullets don’t match the gun)

Bury my heart at wounded knee
An eighth of the reservation
Bury my heart at wounded knee
Was transferred in secret
Bury my heart at wounded knee
We got your murder and intimidation
Bury my heart at wounded knee

My girlfriend anna may
Talked about uranium
Her head was full of bullets
And her body dumped
The fbi cut off her hands
And told us she died of exposure

To bury my heart at wounded knee
Bury my heart at wounded knee
I said deep in the earth
Bury my heart at wounded knee
Won’t you cover me with your pretty lies
Bury my heart at wounded knee
Bury my heart at wounded knee
Bury my heart at wounded knee
Talk about a revolution
They stole my land
They won’t steal my soul

We had the gold rush wars
Why didn’t we learn to crawl?
And now our history gets written in a liar’s scrawl
They tell me "don’t be so uptight
I mean honey you can still be an indian
Down at the y on saturday night’’

Bury my heart at wounded knee
Bury my heart at wounded knee
I said deep in the earth
Bury my heart at wounded knee
Won’t you cover me with your pretty lies
Bury my heart at wounded knee
Bury my heart at wounded knee

Bury my heart
It was an eighth of the reservation
Bury my heart
Yeah was transferred in secret
Bury my heart
Got your murder, murder, murder and intimidation
Bury me
Bury me
Bury me
Bury my heart

Cry Freedom

2007-04-03T17:58:00.000-07:00

Lyrics by the Dave Matthews band

How can I turn away
Brother/Sister go dancing
Through my head
Human as to human
The future is no place
To place your better days
Cry freedom cry
From a crowd '0,000 wide
Hope laid upon hope
That this crowd will not subside
Let this flag burn to dust
And a new a fair design be raised
While we wait head in hands
Hands in prayer
And fall into a dreamless sleep again
And we wave our hands
Hands and feet are all alike
But gold between divide us
Hands and feet are all alike
But fear between divide us
All slip away
There was a window and by it stood
A mirror in which
He could see himself
He thought of something
Something he had never had but hoped would come along
Cry freedom, cry
From deep inside
Where we are all confined
While we wave hands in fire
Wave our hands
Hands and feet are all alike
But gold between divide us
Hands and feet are all alike
But fear between divide us,
Slip away
In this room stood a little child
And in this room this little child
She would remain
Until someone might decide
To dance this little child
Across this hall
Into a cold, dark, space
Where she might never trace her way across this crooked mile
Across this crooked page
Cry freedom, cry
From deep inside where
We are all confined
Till we wave our hands
How can I turn away
Brother/Sister go dancing
Through my head
Human as to human
The future is no place
To place your better days
Hands and feet are all alike
But gold between divide us
Hands and feet are all alike
But fear between divide us
Hands and feet are all alike
Hear what I say
Hear what I say
Oh, so be it
How can I turn away
Brother/Sister go dancing
Through my head
Human as to human
The future is no place
To place your better days

Civil Rights Act of 1964

2007-04-02T20:19:00.000-07:00

enacted July 2, 1964
88th Congress, H. R. 7152

An Act

To enforce the constitutional right to vote, to confer jurisdiction upon the district courts of the United States to provide injunctive relief against discrimination in public accommodations, to authorize the Attorney General to institute suits to protect constitutional rights in public facilities and public education, to extend the Commission on Civil Rights, to prevent discrimination in federally assisted programs, to establish a Commission on Equal Employment Opportunity, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Civil Rights Act of 1964".

TITLE I--VOTING RIGHTS

SEC. 101. Section 2004 of the Revised Statutes (42 U.S.C. 1971), as amended by section 131 of the Civil Rights Act of 1957 (71 Stat. 637), and as further amended by section 601 of the Civil Rights Act of 1960 (74 Stat. 90), is further amended as follows:

(a) Insert "1" after "(a)" in subsection (a) and add at the end of subsection (a) the following new paragraphs:

"(2) No person acting under color of law shall--

"(A) in determining whether any individual is qualified under State law or laws to vote in any Federal election, apply any standard, practice, or procedure different from the standards, practices, or procedures applied under such law or laws to other individuals within the same county, parish, or similar political subdivision who have been found by State officials to be qualified to vote;

"(B) deny the right of any individual to vote in any Federal election because of an error or omission on any record or paper relating to any application, registration, or other act requisite to voting, if such error or omission is not material in determining whether such individual is qualified under State law to vote in such election; or

"(C) employ any literacy test as a qualification for voting in any Federal election unless (i) such test is administered to each individual and is conducted wholly in writing, and (ii) a certified copy of the test and of the answers given by the individual is furnished to him within twenty-five days of the submission of his request made within the period of time during which records and papers are required to be retained and preserved pursuant to title III of the Civil Rights Act of 1960 (42 U.S.C. 1974--74e; 74 Stat. 88): Provided, however, That the Attorney General may enter into agreements with appropriate State or local authorities that preparation, conduct, and maintenance of such tests in accordance with the provisions of applicable State or local law, including such special provisions as are necessary in the preparation, conduct, and maintenance of such tests for persons who are blind or otherwise physically handicapped, meet the purposes of this subparagraph and constitute compliance therewith.

"(3) For purposes of this subsection--
"(A) the term 'vote' shall have the same meaning as in subsection (e) of this section;

"(B) the phrase 'literacy test' includes any test of the ability to read, write, understand, or interpret any matter."

(b) Insert immediately following the period at the end of the first sentence of subsection (c) the following new sentence: "If in any such proceeding literacy is a relevant fact there shall be a rebuttable presumption that any person who has not been adjudged an incompetent and who has completed the sixth grade in a public school in, or a private school accredited by, any State or territory, the District of Columbia, or the Commonwealth of Puerto Rico where instruction is carried on predominantly in the English language, possesses sufficient literacy, comprehension, and intelligence to vote in any Federal election."

(c) Add the following subsection "(f)" and designate the present subsection "(f)" as subsection "(g)": "(f) When used in subsection (a) or (c) of this section, the words 'Federal election' shall mean any general, special, or primary election held solely or in part for the purpose of electing or selecting any candidate for the office of President, Vice President, presidential elector, Member of the Senate, or Member of the House of Representatives."

(d) Add the following subsection "(h)":

"(h) In any proceeding instituted by the United States in any district court of the United States under this section in which the Attorney General requests a finding of a pattern or practice of discrimination pursuant to subsection (e) of this section the Attorney General, at the time he files the complaint, or any defendant in the proceeding, within twenty days after service upon him of the complaint, may file with the clerk of such court a request that a court of three judges be convened to hear and determine the entire case. A copy of the request for a three-judge court shall be immediately furnished by such clerk to the chief judge of the circuit (or in his absence, the presiding circuit judge of the circuit) in which the case is pending. Upon receipt of the copy of such request it shall be the duty of the chief justice of the circuit or the presiding circuit judge, as the case may be, to designate immediately three judges in such circuit, of whom at least one shall be a circuit judge and another of whom shall be a district judge of the court in which the proceeding was instituted, to hear and determine such case, and it shall be the duty of the judges so designated to assign the case for hearing at the earliest practicable date, to participate in the hearing and determination thereof, and to cause the case to be in every way expedited.

An appeal from the final judgment of such court will lie to the Supreme Court.
"In any proceeding brought under subsection (c) of this section to enforce subsection (b) of this section, or in the event neither the Attorney General nor any defendant files a request for a three-judge court in any proceeding authorized by this subsection, it shall be the duty of the chief judge of the district (or in his absence, the acting chief judge) in which the case is pending immediately to designate a judge in such district to hear and determine the case. In the event that no judge in the district is available to hear and determine the case, the chief judge of the district, or the acting chief judge, as the case may be, shall certify this fact to the chief judge of the circuit (or, in his absence, the acting chief judge) who shall then designate a district or circuit judge of the circuit to hear and determine the case.

"It shall be the duty of the judge designated pursuant to this section to assign the case for hearing at the earliest practicable date and to cause the case to be in every way expedited."

TITLE II--INJUNCTIVE RELIEF AGAINST DISCRIMINATION IN PLACES OF

PUBLIC ACCOMMODATION

SEC. 201. (a) All persons shall be entitled to the full and equal enjoyment of the goods, services, facilities, and privileges, advantages, and accommodations of any place of public accommodation, as defined in this section, without discrimination or segregation on the ground of race, color, religion, or national origin.

(b) Each of the following establishments which serves the public is a place of public accommodation within the meaning of this title if its operations affect commerce, or if discrimination or segregation by it is supported by State action:

(1) any inn, hotel, motel, or other establishment which provides lodging to transient guests, other than an establishment located within a building which contains not more than five rooms for rent or hire and which is actually occupied by the proprietor of such establishment as his residence;

(2) any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility principally engaged in selling food for consumption on the premises, including, but not limited to, any such facility located on the

premises of any retail establishment; or any gasoline station;

(3) any motion picture house, theater, concert hall, sports arena, stadium or other place of exhibition or entertainment; and

(4) any establishment (A)(i) which is physically located within the premises of any establishment otherwise covered by this subsection, or (ii) within the premises of which is physically located any such covered establishment, and (B) which holds itself out as serving patrons of such covered establishment.

(c) The operations of an establishment affect commerce within the meaning of this title if (1) it is one of the establishments described in paragraph (1) of subsection (b); (2) in the case of an establishment described in paragraph (2) of subsection (b), it serves or offers to serve interstate travelers or a substantial portion of the food which it serves, or gasoline or other products which it sells, has moved in commerce; (3) in the case of an establishment described in paragraph (3) of subsection (b), it customarily presents films, performances, athletic teams, exhibitions, or other sources of entertainment which move in commerce; and (4) in the case of an establishment described in paragraph (4) of subsection (b), it is physically located within the premises of, or there is physically located within its premises, an establishment the operations of which affect commerce within the meaning of this subsection. For purposes of this section, "commerce" means travel, trade, traffic, commerce, transportation, or communication among the several States, or between the District of Columbia and any State, or between any foreign country or any territory or possession and any State or the District of Columbia, or between points in the same State but through any other State or the District of Columbia or a foreign country.

(d) Discrimination or segregation by an establishment is supported by State action within the meaning of this title if such discrimination or segregation (1) is carried on under color of any law, statute, ordinance, or regulation; or (2) is carried on under color of any custom or usage required or enforced by officials of the State or political subdivision thereof; or (3) is required by action of the State or political subdivision thereof.

(e) The provisions of this title shall not apply to a private club or other establishment not in fact open to the public, except to the extent that the facilities of such establishment are made available to the customers or patrons of an establishment within the scope of subsection (b).

SEC. 202. All persons shall be entitled to be free, at any establishment or place, from discrimination or segregation of any kind on the ground of race, color, religion, or national origin, if such discrimination or segregation is or purports to be required by any law, statute, ordinance, regulation, rule, or order of a State or any agency or political subdivision thereof.

SEC. 203. No person shall (a) withhold, deny, or attempt to withhold or deny, or deprive or attempt to deprive, any person of any right or privilege secured by section 201 or 202, or (b) intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce any person with the purpose of interfering with any right or privilege secured by section 201 or 202, or (c) punish or attempt to punish any person for exercising or attempting to exercise any right or privilege secured by section 201 or 202.

SEC. 204. (a) Whenever any person has engaged or there are reasonable grounds to believe that any person is about to engage in any act or practice prohibited by section 203, a civil action for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order, may be instituted by the person aggrieved and, upon timely application, the court may, in its discretion, permit the Attorney General to intervene in such civil action if he certifies that the case is of general public importance. Upon application by the complainant and in such circumstances as the court may deem just, the court may appoint an attorney for such complainant and may authorize the commencement of the civil action without the payment of fees, costs, or security.

(b) In any action commenced pursuant to this title, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee as part of the costs, and the United States shall be liable for costs the same as a private person.

(c) In the case of an alleged act or practice prohibited by this title which occurs in a State, or political subdivision of a State, which has a State or local law prohibiting such act or practice and establishing or authorizing a State or local authority to grant or seek relief from such practice or to institute criminal proceedings with respect thereto upon receiving notice thereof, no civil action may be brought under subsection (a) before the expiration of thirty days after written notice of such alleged act or practice has been given to the appropriate State or local authority by registered mail or in person, provided that the court may stay proceedings in such civil action pending the termination of State or local enforcement proceedings.

(d) In the case of an alleged act or practice prohibited by this title which occurs in a State, or political subdivision of a State, which has no State or local law prohibiting such act or practice, a civil action may be brought under subsection (a): Provided, That the court may refer the matter to the Community Relations Service established by title X of this Act for as long as the court believes there is a reasonable possibility of obtaining voluntary compliance, but for not more than sixty days: Provided further, That upon expiration of such sixty-day period, the court may extend such period for an additional period, not to exceed a cumulative total of one hundred and twenty days, if it believes there then exists a reasonable possibility of securing voluntary compliance.

SEC. 205. The Service is authorized to make a full investigation of any complaint referred to it by the court under section 204(d) and may hold such hearings with respect thereto as may be necessary. The Service shall conduct any hearings with respect to any such complaint in executive session, and shall not release any testimony given therein except by agreement of all parties involved in the complaint with the permission of the court, and the Service shall endeavor to bring about a voluntary settlement between the parties.

SEC. 206. (a) Whenever the Attorney General has reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights secured by this title, and that the pattern or practice is of such a nature and is intended to deny the full exercise of the rights herein described, the Attorney General may bring a civil action in the appropriate district court of the United States by filing with it a complaint (1) signed by him (or in his absence the Acting Attorney General), (2) setting forth facts pertaining to such pattern or practice, and (3) requesting such preventive relief, including an application for a permanent or temporary injunction, restraining order or other order against the person or persons responsible for such pattern or practice, as he deems necessary to insure the full enjoyment of the rights herein described.

(b) In any such proceeding the Attorney General may file with the clerk of such court a request that a court of three judges be convened to hear and determine the case. Such request by the Attorney General shall be accompanied by a certificate that, in his opinion, the case is of general public importance. A copy of the certificate and request for a three-judge court shall be immediately furnished by such clerk to the chief judge of the circuit (or in his absence, the presiding circuit judge of the circuit) in which the case is pending. Upon receipt of the copy of such request it shall be the duty of the chief judge of the circuit or the presiding circuit judge, as the case may be, to designate immediately three judges in such circuit, of whom at least one shall be a circuit judge and another of whom shall be a district judge of the court in which the proceeding was instituted, to hear and determine such case, and it shall be the duty of the judges so designated to assign the case for hearing at the earliest practicable date, to participate in the hearing and determination thereof, and to cause the case to be in every way expedited. An appeal from the final judgment of such court will lie to the Supreme Court.

In the event the Attorney General fails to file such a request in any such proceeding, it shall be the duty of the chief judge of the district (or in his absence, the acting chief judge) in which the case is pending immediately to designate a judge in such district to hear and determine the case. In the event that no judge in the district is available to hear and determine the case, the chief judge of the district, or the acting chief judge, as the case may be, shall certify this fact to the chief judge of the circuit (or in his absence, the acting chief judge) who shall then designate a district or circuit judge of the circuit to hear and determine the case.

It shall be the duty of the judge designated pursuant to this section to assign the case for hearing at the earliest practicable date and to cause the case to be in every way expedited.

SEC. 207. (a) The district courts of the United States shall have jurisdiction of proceedings instituted pursuant to this title and shall exercise the same without regard to whether the aggrieved party shall have exhausted any administrative or other remedies that may be provided by law.

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(b) The remedies provided in this title shall be the exclusive means of enforcing the rights based on this title, but nothing in this title shall preclude any individual or any State or local agency from asserting any right based on any other Federal or State law not inconsistent with this title, including any statute or ordinance requiring nondiscrimination in public establishments or accommodations, or from pursuing any remedy, civil or criminal, which may be available for the vindication or enforcement of such right.

TITLE III--DESEGREGATION OF PUBLIC FACILITIES

SEC. 301. (a) Whenever the Attorney General receives a complaint in writing signed by an individual to the effect that he is being deprived of or threatened with the loss of his right to the equal protection of the laws, on account of his race, color, religion, or national origin, by being denied equal utilization of any public facility which is owned, operated, or managed by or on behalf of any State or subdivision thereof, other than a public school or public college as defined in section 401 of title IV hereof, and the Attorney General believes the complaint is meritorious and certifies that the signer or signers of such complaint are unable, in his judgment, to initiate and maintain appropriate legal proceedings for relief and that the institution of an action will materially further the orderly progress of desegregation in public facilities, the Attorney General is authorized to institute for or in the name of the United States a civil action in any appropriate district court of the United States against such parties and for such relief as may be appropriate, and such court shall have and shall exercise jurisdiction of proceedings instituted pursuant to this section. The Attorney General may implead as defendants such additional parties as are or become necessary to the grant of effective relief hereunder.

(b) The Attorney General may deem a person or persons unable to initiate and maintain appropriate legal proceedings within the meaning of subsection

(a) of this section when such person or persons are unable, either directly or through other interested persons or organizations, to bear the expense of the litigation or to obtain effective legal representation; or whenever he is satisfied that the institution of such litigation would jeopardize the personal safety, employment, or economic standing of such person or persons, their families, or their property.

SEC. 302. In any action or proceeding under this title the United States shall be liable for costs, including a reasonable attorney's fee, the same as a private person.

SEC. 303. Nothing in this title shall affect adversely the right of any person to sue for or obtain relief in any court against discrimination in any facility covered by this title.

SEC. 304. A complaint as used in this title is a writing or document within the meaning of section 1001, title 18, United States Code.

TITLE IV--DESEGREGATION OF PUBLIC EDUCATION

DEFINITIONS

SEC. 401. As used in this title--

(a) "Commissioner" means the Commissioner of Education.

(b) "Desegregation" means the assignment of students to public schools and within such schools without regard to their race, color, religion, or national origin, but "desegregation" shall not mean the assignment of students to public schools in order to overcome racial imbalance.

(c) "Public school" means any elementary or secondary educational institution, and "public college" means any institution of higher education or any technical or vocational school above the secondary school level, provided that such public school or public college is operated by a State, subdivision of a State, or governmental agency within a State, or operated wholly or predominantly from or through the use of governmental funds or property, or funds or property derived from a governmental source.

(d) "School board" means any agency or agencies which administer a system of one or more public schools and any other agency which is responsible for the assignment of students to or within such system.

SURVEY AND REPORT OF EDUCATIONAL OPPORTUNITIES

SEC. 402. The Commissioner shall conduct a survey and make a report to the President and the Congress, within two years of the enactment of this title, concerning the lack of availability of equal educational opportunities for individuals by reason of race, color, religion, or national origin in public educational institutions at all levels in the United States, its territories and possessions, and the District of Columbia.

TECHNICAL ASSISTANCE

SEC. 403. The Commissioner is authorized, upon the application of any school board, State, municipality, school district, or other governmental unit legally responsible for operating a public school or schools, to render technical assistance to such applicant in the preparation, adoption, and implementation of plans for the desegregation of public schools. Such technical assistance may, among other activities, include making available to such agencies information regarding effective methods of coping with special educational problems occasioned by desegregation, and making available to such agencies personnel of the Office of Education or other persons specially equipped to advise and assist them in coping with such problems.

TRAINING INSTITUTES

SEC. 404. The Commissioner is authorized to arrange, through grants or contracts, with institutions of higher education for the operation of short-term or regular session institutes for special training designed to improve the ability of teachers, supervisors, counselors, and other elementary or secondary school personnel to deal effectively with special educational problems occasioned by desegregation. Individuals who attend such an institute on a full-time basis may be paid stipends for the period of their attendance at such institute in amounts specified by the Commissioner in regulations, including allowances for travel to attend such institute.

GRANTS

SEC. 405. (a) The Commissioner is authorized, upon application of a school board, to make grants to such board to pay, in whole or in part, the cost of--

(1) giving to teachers and other school personnel inservice training in dealing with problems incident to desegregation, and

(2) employing specialists to advise in problems incident to desegregation.
(b) In determining whether to make a grant, and in fixing the amount thereof and the terms and conditions on which it will be made, the Commissioner shall take into consideration the amount available for grants under this section and the other applications which are pending before him; the financial condition of the applicant and the other resources available to it; the nature, extent, and gravity of its problems incident to desegregation; and such other factors as he finds relevant.

PAYMENTS

SEC. 406. Payments pursuant to a grant or contract under this title may be made (after necessary adjustments on account of previously made overpayments or underpayments) in advance or by way of reimbursement, and in such installments, as the Commissioner may determine.

SUITS BY THE ATTORNEY GENERAL

SEC. 407. (a) Whenever the Attorney General receives a complaint in

writing--

(1) signed by a parent or group of parents to the effect that his or their minor children, as members of a class of persons similarly situated, are being deprived by a school board of the equal protection of the laws, or

(2) signed by an individual, or his parent, to the effect that he has been denied admission to or not permitted to continue in attendance at a public college by reason of race, color, religion, or national origin,
and the Attorney General believes the complaint is meritorious and certifies that the signer or signers of such complaint are unable, in his judgment, to initiate and maintain appropriate legal proceedings for relief and that the institution of an action will materially further the orderly achievement of desegregation in public education, the Attorney General is authorized, after giving notice of such complaint to the appropriate school board or college authority and after certifying that he is satisfied that such board or authority has had a reasonable time to adjust the conditions alleged in such complaint, to institute for or in the name of the United States a civil action in any appropriate district court of the United States against such parties and for such relief as may be appropriate, and such court shall have and shall exercise jurisdiction of proceedings instituted pursuant to this section, provided that nothing herein shall empower any official or court of the United States to issue any order seeking to achieve a racial balance in any school by requiring the transportation of pupils or students from one school to another or one school district to another in order to achieve such racial balance, or otherwise enlarge the existing power of the court to insure compliance with constitutional standards. The Attorney General may implead as defendants such additional parties as are or become necessary to the grant of effective relief hereunder.

(b) The Attorney General may deem a person or persons unable to initiate and maintain appropriate legal proceedings within the meaning of subsection

(a) of this section when such person or persons are unable, either directly or through other interested persons or organizations, to bear the expense of the litigation or to obtain effective legal representation; or whenever he is satisfied that the institution of such litigation would jeopardize the personal safety, employment, or economic standing of such person or persons, their families, or their property.

(c) The term "parent" as used in this section includes any person standing in loco parentis. A "complaint" as used in this section is a writing or document within the meaning of section 1001, title 18, United States Code.

SEC. 408. In any action or proceeding under this title the United States shall be liable for costs the same as a private person.

SEC. 409. Nothing in this title shall affect adversely the right of any person to sue for or obtain relief in any court against discrimination in public education.

SEC. 410. Nothing in this title shall prohibit classification and assignment for reasons other than race, color, religion, or national origin.

TITLE V--COMMISSION ON CIVIL RIGHTS

SEC. 501. Section 102 of the Civil Rights Act of 1957 (42 U.S.C. 1975a; 71

Stat. 634) is amended to read as follows:

"RULES OF PROCEDURE OF THE COMMISSION HEARINGS

"SEC. 102. (a) At least thirty days prior to the commencement of any hearing, the Commission shall cause to be published in the Federal Register notice of the date on which such hearing is to commence, the place at which it is to be held and the subject of the hearing. The Chairman, or one designated by him to act as Chairman at a hearing of the Commission, shall announce in an opening statement the subject of the hearing.

"(b) A copy of the Commission's rules shall be made available to any witness before the Commission, and a witness compelled to appear before the Commission or required to produce written or other matter shall be served with a copy of the Commission's rules at the time of service of the subpoena.

"(c) Any person compelled to appear in person before the Commission shall be accorded the right to be accompanied and advised by counsel, who shall have the right to subject his client to reasonable examination, and to make objections on the record and to argue briefly the basis for such objections. The Commission shall proceed with reasonable dispatch to conclude any hearing in which it is engaged. Due regard shall be had for the convenience and necessity of witnesses.

"(d) The Chairman or Acting Chairman may punish breaches of order and decorum by censure and exclusion from the hearings.

"(e) If the Commission determines that evidence or testimony at any hearing may tend to defame, degrade, or incriminate any person, it shall receive such evidence or testimony or summary of such evidence o testimony in executive session. The Commission shall afford any person defamed, degraded, or incriminated by such evidence or testimony an opportunity to appear and be heard in executive session, with a reasonable number of additional witnesses requested by him, before deciding to use such evidence or testimony. In the event the Commission determines to release or use such evidence or testimony in such manner as to reveal publicly the identity of the person defamed, degraded, or incriminated, such evidence or testimony, prior to such public release or use, shall be given at a public session, and the Commission shall afford such person an opportunity to appear as a voluntary witness or to file a sworn statement in his behalf and to submit brief and pertinent sworn statements of others. The Commission shall receive and dispose of requests from such person to subpoena additional witnesses.

"(f) Except as provided in sections 102 and 105 (f) of this Act, the Chairman shall receive and the Commission shall dispose of requests to subpoena additional witnesses.

"(g) No evidence or testimony or summary of evidence or testimony taken in executive session may be released or used in public sessions without the consent of the Commission. Whoever releases or uses in public without the consent of the Commission such evidence or testimony taken in executive session shall be fined not more than $1,000, or imprisoned for not more than one year.

"(h) In the discretion of the Commission, witnesses may submit brief and pertinent sworn statements in writing for inclusion in the record. The Commission shall determine the pertinency of testimony and evidence adduced at its hearings.

"(i) Every person who submits data or evidence shall be entitled to retain or, on payment of lawfully prescribed costs, procure a copy or transcript thereof, except that a witness in a hearing held in executive session may for good cause be limited to inspection of the official transcript of his testimony. Transcript copies of public sessions may be obtained by the public upon the payment of the cost thereof. An accurate transcript shall be made of the testimony of all witnesses at all hearings, either public or executive sessions, of the Commission or of any subcommittee thereof.

"(j) A witness attending any session of the Commission shall receive $6 for each day's attendance and for the time necessarily occupied in going to and returning from the same, and 10 cents per mile for going from and returning to his place of residence. Witnesses who attend at points so far removed from their respective residences as to prohibit return thereto from day to day shall be entitled to an additional allowance of $10 per day for expenses of subsistence including the time necessarily occupied in going to
and returning from the place of attendance. Mileage payments shall be tendered to the witness upon service of a subpoena issued on behalf of the Commission or any subcommittee thereof.

"(k) The Commission shall not issue any subpoena for the attendance and testimony of witnesses or for the production of written or other matter which would require the presence of the party subpoenaed at a hearing to be held outside of the State wherein the witness is found or resides or is domiciled or transacts business, or has appointed an agent for receipt of service of process except that, in any event, the Commission may issue subpoenas for the attendance and testimony of witnesses and the production of written or other matter at a hearing held within fifty miles of the place where the witness is found or resides or is domiciled or transacts business or has appointed an agent for receipt of service of process.

"(l) The Commission shall separately state and currently publish in the Federal Register (1) descriptions of its central and field organization including the established places at which, and methods whereby, the public may secure information or make requests; (2) statements of the general course and method by which its functions are channeled and determined, and (3) rules adopted as authorized by law. No person shall in any manner be subject to or required to resort to rules, organization, or procedure not so published."

SEC. 502. Section 103(a) of the Civil Rights Act of 1957 (42 U.S.C.

1975b(a); 71 Stat. 634) is amended to read as follows:

"SEC. 103. (a) Each member of the Commission who is not otherwise in the service of the Government of the United States shall receive the sum of $75 per day for each day spent in the work of the Commission, shall be paid actual travel expenses, and per diem in lieu of subsistence expenses when away from his usual place of residence, in accordance with section 5 of the Administrative Expenses Act of 1946, as amended (5 U.S.C 73b-2; 60 Stat. 808)."

SEC. 503. Section 103(b) of the Civil Rights Act of 1957 (42 U.S.C.

1975(b); 71 Stat. 634) is amended to read as follows:
"(b) Each member of the Commission who is otherwise in the service of the Government of the United States shall serve without compensation in addition to that received for such other service, but while engaged in the work of the Commission shall be paid actual travel expenses, and per diem in lieu of subsistence expenses when away from his usual place of residence, in accordance with the provisions of the Travel Expenses Act of 1949, as amended

(5 U.S.C. 835--42; 63 Stat. 166)."

SEC. 504. (a) Section 104(a) of the Civil Rights Act of 1957 (42 U.S.C. 1975c(a); 71 Stat. 635), as amended, is further amended to read as follows:

"DUTIES OF THE COMMISSION

"SEC. 104. (a) The Commission shall--

"(1) investigate allegations in writing under oath or affirmation that certain citizens of the United States are being deprived of their right to vote and have that vote counted by reason of their color, race, religion, or national origin; which writing, under oath or affirmation, shall set forth the facts upon which such belief or beliefs are based;

"(2) study and collect information concerning legal developments constituting a denial of equal protection of the laws under the Constitution because of race, color, religion or national origin or in the administration of justice;

"(3) appraise the laws and policies of the Federal Government with respect to denials of equal protection of the laws under the Constitution because of race, color, religion or national origin or in the administration of justice;

"(4) serve as a national clearinghouse for information in respect to denials of equal protection of the laws because of race, color, religion or national origin, including but not limited to the fields of voting, education, housing, employment, the use of public facilities, and transportation, or in the administration of justice;

"(5) investigate allegations, made in writing and under oath or affirmation, that citizens of the United States are unlawfully being accorded or denied the right to vote, or to have their votes properly counted, in any election of presidential electors, Members of the United States Senate, or of the House of Representatives, as a result of any patterns or practice of fraud or discrimination in the conduct of such election; and

"(6) Nothing in this or any other Act shall be construed as authorizing the Commission, its Advisory Committees, or any person under its supervision or control to inquire into or investigate any membership practices or internal operations of any fraternal organization, any college or university fraternity or sorority, any private club or any religious organization."

(b) Section 104(b) of the Civil Rights Act of 1957 (42 U.S.C. 1975c(b); 71 Stat. 635), as amended, is further amended by striking out the present subsection "(b)" and by substituting therefor:

"(b) The Commission shall submit interim reports to the President and to the Congress at such times as the Commission, the Congress or the President shall deem desirable, and shall submit to the President and to the Congress a final report of its activities, findings, and recommendations not later than January 31, 1968."

SEC. 505. Section 105(a) of the Civil Rights Act of 1957 (42 U.S.C. 1975d(a); 71 Stat. 636) is amended by striking out in the last sentence thereof "$50 per diem" and inserting in lieu thereof "$75 per diem."

SEC. 506. Section 105(f) and section 105(g) of the Civil Rights Act of 1957 (42 U.S.C. 1975d (f) and (g); 71 Stat. 636) are amended to read as follows:

"(f) The Commission, or on the authorization of the Commission any subcommittee of two or more members, at least one of whom shall be of each major political party, may, for the purpose of carrying out the provisions of this Act, hold such hearings and act at such times and places as the Commission or such authorized subcommittee may deem advisable. Subpoenas for the attendance and testimony of witnesses or the production of written or other matter may be issued in accordance with the rules of the Commission as contained in section 102 (j) and (k) of this Act, over the signature of the Chairman of the Commission or of such subcommittee, and may be served by any person designated by such Chairman. The holding of hearings by the Commission, or the appointment of a subcommittee to hold hearings pursuant to this subparagraph, must be approved by a majority of the Commission, or by a majority of the members present at a meeting at which at least a quorum of four members is present.

"(g) In case of contumacy or refusal to obey a subpoena, any district court of the United States or the United States court of any territory or possession, or the District Court of the United States for the District of Columbia, within the jurisdiction of which the inquiry is carried on or within the jurisdiction of which said person guilty of contumacy or refusal to obey is found or resides or is domiciled or transacts business, or has appointed an agent for receipt of service of process, upon application by the Attorney General of the United States shall have jurisdiction to issue to such person an order requiring such person to appear before the Commission or a subcommittee thereof, there to produce pertinent, relevant and nonprivileged evidence if so ordered, or there to give testimony touching the matter under investigation; and any failure to obey such order of the court may be punished by said court as a contempt thereof."

SEC. 507. Section 105 of the Civil Rights Act of 1957 (42 U.S.C. 1975d; 71 Stat. 636), as amended by section 401 of the Civil Rights Act of 1960 (42 U.S.C. 1975d(h); 74 Stat. 89), is further amended by adding a new subsection at the end to read as follows:

"(i) The Commission shall have the power to make such rules and regulations as are necessary to carry out the purposes of this Act."

TITLE VI--NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS

SEC. 601. No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

SEC. 602. Each Federal department and agency which is empowered to extend Federal financial assistance to any program or activity, by way of grant, loan, or contract other than a contract of insurance or guaranty, is authorized and directed to effectuate the provisions of section 601 with respect to such program or activity by issuing rules, regulations, or orders of general applicability which shall be consistent with achievement of the objectives of the statute authorizing the financial assistance in connection with which the action is taken. No such rule, regulation, or order shall become effective unless and until approved by the President. Compliance with any requirement adopted pursuant to this section may be effected (1) by the termination of or refusal to grant or to continue assistance under such program or activity to any recipient as to whom there has been an express finding on the record, after opportunity for hearing, of a failure to comply with such requirement, but such termination or refusal shall be limited to the particular political entity, or part thereof, or other recipient as to whom such a finding has been made and, shall be limited in its effect to the particular program, or part thereof, in which such non-compliance has been so found, or (2) by any other means authorized by law: Provided, however, That no such action shall be taken until the department or agency concerned has advised the appropriate person or persons of the failure to comply with the requirement and has determined that compliance cannot be secured by voluntary means. In the case of any action terminating, or refusing to grant or continue, assistance because of failure to comply with a requirement imposed pursuant to this section, the head of the federal department or agency shall file with the committees of the House and Senate having legislative jurisdiction over the program or activity involved a full written report of the circumstances and the grounds for such action. No such action shall become effective until thirty days have elapsed after the filing of such report.

SEC. 603. Any department or agency action taken pursuant to section 602 shall be subject to such judicial review as may otherwise be provided by law for similar action taken by such department or agency on other grounds. In the case of action, not otherwise subject to judicial review, terminating or refusing to grant or to continue financial assistance upon a finding of failure to comply with any requirement imposed pursuant to section 602, any person aggrieved (including any State or political subdivision thereof and any agency of either) may obtain judicial review of such action in accordance with section 10 of the Administrative Procedure Act, and such action shall not be deemed committed to unreviewable agency discretion within the meaning of that section.

SEC. 604. Nothing contained in this title shall be construed to authorize action under this title by any department or agency with respect to any employment practice of any employer, employment agency, or labor organization except where a primary objective of the Federal financial assistance is to provide employment.

SEC. 605. Nothing in this title shall add to or detract from any existing authority with respect to any program or activity under which Federal financial assistance is extended by way of a contract of insurance or guaranty.

TITLE VII--EQUAL EMPLOYMENT OPPORTUNITY

DEFINITIONS

SEC. 701. For the purposes of this title--

(a) The term "person" includes one or more individuals, labor unions, partnerships, associations, corporations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, or receivers.

(b) The term "employer" means a person engaged in an industry affecting commerce who has twenty-five or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, and any agent of such a person, but such term does not include (1) the United States, a corporation wholly owned by the Government of the United States, an Indian tribe, or a State or political subdivision thereof, (2) a bona fide private membership club (other than a labor organization) which is exempt from taxation under section 501(c) of the Internal Revenue Code of 1954: Provided, That during the first year after the effective date prescribed in subsection (a) of section 716, persons having fewer than one hundred employees (and their agents) shall not be considered employers, and, during the second year after such date, persons having fewer than seventy-five employees (and their agents) shall not be considered employers, and, during the third year after such date, persons having fewer than fifty employees (and their agents) shall not be considered employers: Provided further, That it shall be the policy of the United States to insure equal employment opportunities for Federal employees without discrimination because of race, color, religion, sex or national origin and the President shall utilize his existing authority to effectuate this policy.

(c) The term "employment agency" means any person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer and includes an agent of such a person; but shall not include an agency of the United States, or an agency of a State or political subdivision of a State, except that such term shall include the United States Employment Service and the system of State and local employment services receiving Federal assistance.

(d) The term "labor organization" means a labor organization engaged in an industry affecting commerce, and any agent of such an organization, and includes any organization of any kind, any agency, or employee representation committee, group, association, or plan so engaged in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment, and any conference, general committee, joint or system board, or joint council so engaged which is subordinate to a national or international labor organization.

(e) A labor organization shall be deemed to be engaged in an industry affecting commerce if (1) it maintains or operates a hiring hall or hiring office which procures employees for an employer or procures for employees opportunities to work for an employer, or (2) the number of its members (or, where it is a labor organization composed of other labor organizations or their representatives, if the aggregate number of the members of such other labor organization) is (A) one hundred or more during the first year after the effective date prescribed in subsection (a) of section 716, (B) seventy-five or more during the second year after such date or fifty or more during the third year, or (C) twenty-five or more thereafter, and such labor organization--

(1) is the certified representative of employees under the provisions of the National Labor Relations Act, as amended, or the Railway Labor Act, as amended;

(2) although not certified, is a national or international labor organization or a local labor organization recognized or acting as the representative of employees of an employer or employers engaged in an industry affecting commerce; or

(3) has chartered a local labor organization or subsidiary body which is representing or actively seeking to represent employees of employers within the meaning of paragraph (1) or (2); or

(4) has been chartered by a labor organization representing or actively seeking to represent employees within the meaning of paragraph (1) or (2) as the local or subordinate body through which such employees may enjoy membership or become affiliated with such labor organization; or

(5) is a conference, general committee, joint or system board, or joint council subordinate to a national or international labor organization, which includes a labor organization engaged in an industry affecting commerce within the meaning of any of the preceding paragraphs of this subsection.

(f) The term "employee" means an individual employed by an employer.

(g) The term "commerce" means trade, traffic, commerce, transportation, transmission, or communication among the several States; or between a State and any place outside thereof; or within the District of Columbia, or a possession of the United States; or between points in the same State but through a point outside thereof.

(h) The term "industry affecting commerce" means any activity, business, or industry in commerce or in which a labor dispute would hinder or obstruct commerce or the free flow of commerce and includes any activity or industry "affecting commerce" within the meaning of the Labor-Management Reporting and Disclosure Act of 1959.

(i) The term "State" includes a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, Wake Island, The Canal Zone, and Outer Continental Shelf lands defined in the Outer Continental Shelf Lands Act.

EXEMPTION
SEC. 702. This title shall not apply to an employer with respect to the employment of aliens outside any State, or to a religious corporation, association, or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, or society of its religious activities or to an educational institution with respect to the employment of individuals to perform work connected with the educational activities of such institution.

DISCRIMINATION BECAUSE OF RACE, COLOR, RELIGION, SEX, OR NATIONAL ORIGIN

SEC. 703. (a) It shall be an unlawful employment practice for an employer--

(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin; or

(2) to limit, segregate, or classify his employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's race, color, religion, sex, or national origin.

(b) It shall be an unlawful employment practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of his race, color, religion, sex, or national origin, or to classify or refer for employment any individual on the basis of his race, color, religion, sex, or national origin.

(c) It shall be an unlawful employment practice for a labor organization--

(1) to exclude or to expel from its membership, or otherwise to discriminate against, any individual because of his race, color, religion, sex, or national origin;

(2) to limit, segregate, or classify its membership, or to classify or fail or refuse to refer for employment any individual, in any way which would deprive or tend to deprive any individual of employment opportunities, or would limit such employment opportunities or otherwise adversely affect his status as an employee or as an applicant for employment, because of such individual's race, color, religion, sex, or national origin; or

(3) to cause or attempt to cause an employer to discriminate against an individual in violation of this section.

(d) It shall be an unlawful employment practice for any employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs to discriminate against any individual because of his race, color, religion, sex, or national origin in admission to, or employment in, any program established to provide apprenticeship or other training.

(e) Notwithstanding any other provision of this title, (1) it shall not be an unlawful employment practice for an employer to hire and employ employees, for an employment agency to classify, or refer for employment any individual, for a labor organization to classify its membership or to classify or refer for employment any individual, or for an employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining programs to admit or employ any individual in any such program, on the basis of his religion, sex, or national origin in those certain instances where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise, and (2) it shall not be an unlawful employment practice for a school, college, university, or other educational institution or institution of learning to hire and employ employees of a particular religion if such school, college, university, or other educational institution or institution of learning is, in whole or in substantial part, owned, supported, controlled, or managed by a particular religion or by a particular religious corporation, association, or society, or if the curriculum of such school, college, university, or other educational institution or institution of learning is directed toward the propagation of a particular religion.

(f) As used in this title, the phrase "unlawful employment practice" shall not be deemed to include any action or measure taken by an employer, labor organization, joint labor-management committee, or employment agency with respect to an individual who is a member of the Communist Party of the United States or of any other organization required to register as a Communist-action or Communist-front organization by final order of the Subversive Activities Control Board pursuant to the Subversive Activities Control Act of 1950.

(g) Notwithstanding any other provision of this title, it shall not be an unlawful employment practice for an employer to fail or refuse to hire and employ any individual for any position, for an employer to discharge any individual from any position, or for an employment agency to fail or refuse to refer any individual for employment in any position, or for a labor organization to fail or refuse to refer any individual for employment in any position, if--

(1) the occupancy of such position, or access to the premises in or upon which any part of the duties of such position is performed or is to be performed, is subject to any requirement imposed in the interest of the national security of the United States under any security program in effect pursuant to or administered under any statute of the United States or any Executive order of the President; and

(2) such individual has not fulfilled or has ceased to fulfill that requirement.

(h) Notwithstanding any other provision of this title, it shall not be an unlawful employment practice for an employer to apply different standards of compensation, or different terms, conditions, or privileges of employment pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of production or to employees who work in different locations, provided that such differences are not the result of an intention to discriminate because of race, color, religion, sex, or national origin, nor shall it be an unlawful employment practice for an employer to give and to act upon the results of any professionally developed ability test provided that such test, its administration or action upon the results is not designed, intended or used to discriminate because of race, color, religion, sex or national origin. It shall not be an unlawful employment practice under this title for any employer to differentiate upon the basis of sex in determining the amount of the wages or compensation paid or to be paid to employees of such employer if such differentiation is authorized by the provisions of section 6(d) of the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 206(d)).

(i) Nothing contained in this title shall apply to any business or enterprise on or near an Indian reservation with respect to any publicly announced employment practice of such business or enterprise under which a preferential treatment is given to any individual because he is an Indian living on or near a reservation.

(j) Nothing contained in this title shall be interpreted to require any employer, employment agency, labor organization, or joint labor-management committee subject to this title to grant preferential treatment to any individual or to any group because of the race, color, religion, sex, or national origin of such individual or group on account of an imbalance which may exist with respect to the total number or percentage of persons of any race, color, religion, sex, or national origin employed by any employer, referred or classified for employment by any employment agency or labor organization, admitted to membership or classified by any labor organization, or admitted to, or employed in, any apprenticeship or other training program, in comparison with the total number or percentage of persons of such race, color, religion, sex, or national origin in any community, State, section, or other area, or in the available work force in any community, State, section, or other area.

OTHER UNLAWFUL EMPLOYMENT PRACTICES

SEC. 704. (a) It shall be an unlawful employment practice for an employer to discriminate against any of his employees or applicants for employment, for an employment agency to discriminate against any individual, or for a labor organization to discriminate against any member thereof or applicant for membership, because he has opposed, any practice made an unlawful employment practice by this title, or because he has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this title.

(b) It shall be an unlawful employment practice for an employer, labor organization, or employment agency to print or publish or cause to be printed or published any notice or advertisement relating to employment by such an employer or membership in or any classification or referral for employment by such a labor organization, or relating to any classification or referral for employment by such an employment agency, indicating any preference, limitation, specification, or discrimination, based on race, color, religion, sex, or national origin, except that such a notice or advertisement may indicate a preference, limitation, specification, or discrimination based on religion, sex, or national origin when religion, sex, or national origin is a bona fide occupational qualification for employment.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

SEC. 705. (a) There is hereby created a Commission to be known as the Equal Employment Opportunity Commission, which shall be composed of five members, not more than three of whom shall be members of the same political party, who shall be appointed by the President by and with the advice and consent of the Senate. One of the original members shall be appointed for a term of one year, one for a term of two years, one for a term of three years, one for a term of four years, and one for a term of five years, beginning from the date of enactment of this title, but their successors shall be appointed for terms of five years each, except that any individual chosen to fill a vacancy shall be appointed only for the unexpired term of the member whom he shall succeed. The President shall designate one member to serve as Chairman of the Commission, and one member to serve as Vice Chairman. The Chairman shall be responsible on behalf of the Commission for the administrative operations of the Commission, and shall appoint, in accordance with the civil service laws, such officers, agents, attorneys, and employees as it deems necessary to assist it in the performance of its functions and to fix their compensation in accordance with the Classification Act of 1949, as amended. The Vice Chairman shall act as Chairman in the absence or disability of the Chairman or in the event of a vacancy in that office.

(b) A vacancy in the Commission shall not impair the right of the remaining members to exercise all the powers of the Commission and three members thereof shall constitute a quorum.

(c) The Commission shall have an official seal which shall be judicially noticed.

(d) The Commission shall at the close of each fiscal year report to the Congress and to the President concerning the action it has taken; the names, salaries, and duties of all individuals in its employ and the moneys it has disbursed; and shall make such further reports on the cause of and means of eliminating discrimination and such recommendations for further legislation as may appear desirable.

(e) The Federal Executive Pay Act of 1956, as amended (5 U.S.C. 2201-2209), is further amended--

(1) by adding to section 105 thereof (5 U.S.C. 2204) the following clause:
"(32) Chairman, Equal Employment Opportunity Commission"; and

(2) by adding to clause (45) of section 106(a) thereof (5 U.S.C. 2205(a)) the following: "Equal Employment Opportunity Commission (4)."

(f) The principal office of the Commission shall be in or near the District of Columbia, but it may meet or exercise any or all its powers at any other place. The Commission may establish such regional or State offices as it deems necessary to accomplish the purpose of this title.

(g) The Commission shall have power--
(1) to cooperate with and, with their consent, utilize regional, State, local, and other agencies, both public and private, and individuals;

(2) to pay to witnesses whose depositions are taken or who are summoned before the Commission or any of its agents the same witness and mileage fees as are paid to witnesses in the courts of the United States;

(3) to furnish to persons subject to this title such technical assistance as they may request to further their compliance with this title or an order issued thereunder;

(4) upon the request of (i) any employer, whose employees or some of them, or (ii) any labor organization, whose members or some of them, refuse or threaten to refuse to cooperate in effectuating the provisions of this title, to assist in such effectuation by conciliation or such other remedial action as is provided by this title;

(5) to make such technical studies as are appropriate to effectuate the purposes and policies of this title and to make the results of such studies available to the public;

(6) to refer matters to the Attorney General with recommendations for intervention in a civil action brought by an aggrieved party under section 706, or for the institution of a civil action by the Attorney General under section 707, and to advise, consult, and assist the Attorney General on such matters.

(h) Attorneys appointed under this section may, at the direction of the Commission, appear for and represent the Commission in any case in court.

(i) The Commission shall, in any of its educational or promotional activities, cooperate with other departments and agencies in the performance of such educational and promotional activities.

(j) All officers, agents, attorneys, and employees of the Commission shall be subject to the provisions of section 9 of the Act of August 2, 1939, as amended (the Hatch Act), notwithstanding any exemption contained in such section.

PREVENTION OF UNLAWFUL EMPLOYMENT PRACTICES
SEC. 706. (a) Whenever it is charged in writing under oath by a person claiming to be aggrieved, or a written charge has been filed by a member of the Commission where he has reasonable cause to believe a violation of this title has occurred (and such charge sets forth the facts upon which it is based) that an employer, employment agency, or labor organization has engaged in an unlawful employment practice, the Commission shall furnish such employer, employment agency, or labor organization (hereinafter referred to as the "respondent") with a copy of such charge and shall make an investigation of such charge, provided that such charge shall not be made public by the Commission. If the Commission shall determine, after such investigation, that there is reasonable cause to believe that the charge is true, the Commission shall endeavor to eliminate any such alleged unlawful employment practice by informal methods of conference, conciliation, and persuasion. Nothing said or done during and as a part of such endeavors may be made public by the Commission without the written consent of the parties, or used as evidence in a subsequent proceeding. Any officer or employee of the Commission, who shall make public in any manner whatever any information in violation of this subsection shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not more than $1,000 or imprisoned not more than one year.

(b) In the case of an alleged unlawful employment practice occurring in a State, or political subdivision of a State, which has a State or local law prohibiting the unlawful employment practice alleged and establishing or authorizing a State or local authority to grant or seek relief from such practice or to institute criminal proceedings with respect thereto upon receiving notice thereof, no charge may be filed under subsection (a) by the person aggrieved before the expiration of sixty days after proceedings have been commenced under the State or local law, unless such proceedings have been earlier terminated, provided that such sixty-day period shall be extended to one hundred and twenty days during the first year after the effective date of such State or local law. If any requirement for the commencement of such proceedings is imposed by a State or local authority other than a requirement of the filing of a written and signed statement of the facts upon which the proceeding is based, the proceeding shall be deemed to have been commenced for the purposes of this subsection at the time such statement is sent by registered mail to the appropriate State or local authority.

(c) In the case of any charge filed by a member of the Commission alleging an unlawful employment practice occurring in a State or political subdivision of a State, which has a State or local law prohibiting the practice alleged and establishing or authorizing a State or local authority to grant or seek relief from such practice or to institute criminal proceedings with respect thereto upon receiving notice thereof, the Commission shall, before taking any action with respect to such charge, notify the appropriate State or local officials and, upon request, afford them a reasonable time, but not less than sixty days (provided that such sixty-day period shall be extended to one hundred and twenty days during the first year after the effective day of such State or local law), unless a shorter period is requested, to act under such State or local law to remedy the practice alleged.

(d) A charge under subsection (a) shall be filed within ninety days after the alleged unlawful employment practice occurred, except that in the case of an unlawful employment practice with respect to which the person aggrieved has followed the procedure set out in subsection (b), such charge shall be filed by the person aggrieved within two hundred and ten days after the alleged unlawful employment practice occurred, or within thirty days after receiving notice that the State or local agency has terminated the proceedings under the State or local, law, whichever is earlier, and a copy of such charge shall be filed by the Commission with the State or local agency.

(e) If within thirty days after a charge is filed with the Commission or within thirty days after expiration of any period of reference under subsection (c) (except that in either case such period may be extended to not more than sixty days upon a determination by the Commission that further efforts to secure voluntary compliance are warranted), the Commission has been unable to obtain voluntary compliance with this title, the Commission shall so notify the person aggrieved and a civil action may, within thirty days thereafter, be brought against the respondent named in the charge (1) by the person claiming to be aggrieved, or (2) if such charge was filed by a member of the Commission, by any person whom the charge alleges was aggrieved by the alleged unlawful employment practice. Upon application by the complainant and in such circumstances as the court may deem just, the court may appoint an attorney for such complainant and may authorize the commencement of the action without the payment of fees, costs, or security. Upon timely application, the court may, in its discretion, permit the Attorney General to intervene in such civil action if he certifies that the case is of general public importance. Upon request, the court may, in its discretion, stay further proceedings for not more than sixty days pending the termination of State or local proceedings described in subsection (b) or the efforts of the Commission to obtain voluntary compliance.

(f) Each United States district court and each United States court of a place subject to the jurisdiction of the United States shall have jurisdiction of actions brought under this title. Such an action may be brought in any judicial district in the State in which the unlawful employment practice is alleged to have been committed, in the judicial district in which the employment records relevant to such practice are maintained and administered, or in the judicial district in which the plaintiff would have worked but for the alleged unlawful employment practice, but if the respondent is not found within any such district, such an action may be brought within the judicial district in which the respondent has his principal office. For purposes of sections 1404 and 1406 of title 28 of the United States Code, the judicial district in which the respondent has his principal office shall in all cases be considered a district in which the action might have been brought.

(g) If the court finds that the respondent has intentionally engaged in or is intentionally engaging in an unlawful employment practice charged in the complaint, the court may enjoin the respondent from engaging in such unlawful employment practice, and order such affirmative action as may be appropriate, which may include reinstatement or hiring of employees, with or without back pay (payable by the employer, employment agency, or labor organization, as the case may be, responsible for the unlawful employment practice). Interim earnings or amounts earnable with reasonable diligence by the person or persons discriminated against shall operate to reduce the back pay otherwise allowable. No order of the court shall require the admission or reinstatement of an individual as a member of a union or the hiring, reinstatement, or promotion of an individual as an employee, or the payment to him of any back pay, if such individual was refused admission, suspended, or expelled or was refused employment or advancement or was suspended or discharged for any reason other than discrimination on account of race, color, religion, sex or national origin or in violation of section 704(a).

(h) The provisions of the Act entitled "An Act to amend the Judicial Code and to define and limit the jurisdiction of courts sitting in equity, and for other purposes," approved March 23, 1932 (29 U.S.C. 101-115), shall not apply with respect to civil actions brought under this section.

(i) In any case in which an employer, employment agency, or labor organization fails to comply with an order of a court issued in a civil action brought under subsection (e), the Commission may commence proceedings to compel compliance with such order.

(j) Any civil action brought under subsection (e) and any proceedings brought under subsection (i) shall be subject to appeal as provided in sections 1291 and 1292, title 28, United States Code.

(k) In any action or proceeding under this title the court, in its discretion, may allow the prevailing party, other than the Commission or the United States, a reasonable attorney's fee as part of the costs, and the Commission and the United States shall be liable for costs the same as a private person.

SEC. 707. (a) Whenever the Attorney General has reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights secured by this title, and that the pattern or practice is of such a nature and is intended to deny the full exercise of the rights herein described, the Attorney General may bring a civil action in the appropriate district court of the United States by filing with it a complaint (1) signed by him (or in his absence the Acting Attorney General), (2) setting forth facts pertaining to such pattern or practice, and (3) requesting such relief, including an application for a permanent or temporary injunction, restraining order or other order against the person or persons responsible for such pattern or practice, as he deems necessary to insure the full enjoyment of the rights herein described.

(b) The district courts of the United States shall have and shall exercise jurisdiction of proceedings instituted pursuant to this section, and in any such proceeding the Attorney General may file with the clerk of such court a request that a court of three judges be convened to hear and determine the case. Such request by the Attorney General shall be accompanied by a certificate that, in his opinion, the case is of general public importance. A copy of the certificate and request for a three-judge court shall be immediately furnished by such clerk to the chief judge of the circuit (or in his absence, the presiding circuit judge of the circuit) in which the case is pending. Upon receipt of such request it shall be the duty of the chief judge of the circuit or the presiding circuit judge, as the case may be, to designate immediately three judges in such circuit, of whom at least one shall be a circuit judge and another of whom shall be a district judge of the court in which the proceeding was instituted, to hear and determine such case, and it shall be the duty of the judges so designated to assign the case for hearing at the earliest practicable date, to participate in the hearing and determination thereof, and to cause the case to be in every way expedited. An appeal from the final judgment of such court will lie to the Supreme Court.

In the event the Attorney General fails to file such a request in any such proceeding, it shall be the duty of the chief judge of the district (or in his absence, the acting chief judge) in which the case is pending immediately to designate a judge in such district to hear and determine the case. In the event that no judge in the district is available to hear and determine the case, the chief judge of the district, or the acting chief judge, as the case may be, shall certify this fact to the chief judge of the circuit (or in his absence, the acting chief judge) who shall then designate a district or circuit judge of the circuit to hear and determine the case.

It shall be the duty of the judge designated pursuant to this section to assign the case for hearing at the earliest practicable date and to cause the case to be in every way expedited.

EFFECT ON STATE LAWS
SEC. 708. Nothing in this title shall be deemed to exempt or relieve any person from any liability, duty, penalty, or punishment provided by any present or future law of any State or political subdivision of a State, other than any such law which purports to require or permit the doing of any act which would be an unlawful employment practice under this title.

INVESTIGATIONS, INSPECTIONS, RECORDS, STATE AGENCIES
SEC. 709. (a) In connection with any investigation of a charge filed under section 706, the Commission or its designated representative shall at all reasonable times have access to, for the purposes of examination, and the right to copy any evidence of any person being investigated or proceeded against that relates to unlawful employment practices covered by this title and is relevant to the charge under investigation.

(b) The Commission may cooperate with State and local agencies charged with the administration of State fair employment practices laws and, with the consent of such agencies, may for the purpose of carrying out its functions and duties under this title and within the limitation of funds appropriated specifically for such purpose, utilize the services of such agencies and their employees and, notwithstanding any other provision of law, may reimburse such agencies and their employees for services rendered to assist the Commission in carrying out this title. In furtherance of such cooperative efforts, the Commission may enter into written agreements with such State or local agencies and such agreements may include provisions under which the Commission shall refrain from processing a charge in any cases or class of cases specified in such agreements and under which no person may bring a civil action under section 706 in any cases or class of cases so specified, or under which the Commission shall relieve any person or class of persons in such State or locality from requirements imposed under this section. The Commission shall rescind any such agreement whenever it determines that the agreement no longer serves the interest of effective enforcement of this title.

(c) Except as provided in subsection (d), every employer, employment agency, and labor organization subject to this title shall (1) make and keep such records relevant to the determinations of whether unlawful employment practices have been or are being committed, (2) preserve such records for such periods, and (3) make such reports therefrom, as the Commission shall prescribe by regulation or order, after public hearing, as reasonable, necessary, or appropriate for the enforcement of this title or the regulations or orders thereunder. The Commission shall, by regulation, require each employer, labor organization, and joint labor-management committee subject to this title which controls an apprenticeship or other training program to maintain such records as are reasonably necessary to carry out the purpose of this title, including, but not limited to, a list of applicants who wish to participate in such program, including the chronological order in which such applications were received, and shall furnish to the Commission, upon request, a detailed description of the manner in which persons are selected to participate in the apprenticeship or other training program. Any employer, employment agency, labor organization, or joint labor-management committee which believes that the application to it of any regulation or order issued under this section would result in undue hardship may (1) apply to the Commission for an exemption from the application of such regulation or order, or (2) bring a civil action in the United States district court for the district where such records are kept. If the Commission or the court, as the case may be, finds that the application of the regulation or order to the employer, employment agency, or labor organization in question would impose an undue hardship, the Commission or the court, as the case may be, may grant appropriate relief.

(d) The provisions of subsection (c) shall not apply to any employer, employment agency, labor organization, or joint labor-management committee with respect to matters occurring in any State or political subdivision thereof which has a fair employment practice law during any period in which such employer, employment agency, labor organization, or joint labor-management committee is subject to such law, except that the Commission may require such notations on records which such employer, employment agency, labor organization, or joint labor-management committee keeps or is required to keep as are necessary because of differences in coverage or methods of enforcement between the State or local law and the provisions of this title. Where an employer is required by Executive Order 10925, issued March 6, 1961, or by any other Executive order prescribing fair employment practices for Government contractors and subcontractors, or by rules or regulations issued thereunder, to file reports relating to his employment practices with any Federal agency or committee, and he is substantially in compliance with such requirements, the Commission shall not require him to file additional reports pursuant to subsection (c) of this section.

(e) It shall be unlawful for any officer or employee of the Commission to make public in any manner whatever any information obtained by the Commission pursuant to its authority under this section prior to the institution of any proceeding under this title involving such information. Any officer or employee of the Commission who shall make public in any manner whatever any information in violation of this subsection shall be guilty of a misdemeanor and upon conviction thereof, shall be fined not more than $1,000, or imprisoned not more than one year.

INVESTIGATORY POWERS
SEC. 710. (a) For the purposes of any investigation of a charge filed under the authority contained in section 706, the Commission shall have authority to examine witnesses under oath and to require the production of documentary evidence relevant or material to the charge under investigation.

(b) If the respondent named in a charge filed under section 706 fails or refuses to comply with a demand of the Commission for permission to examine or to copy evidence in conformity with the provisions of section 709(a), or if any person required to comply with the provisions of section 709 (c) or (d) fails or refuses to do so, or if any person fails or refuses to comply with a demand by the Commission to give testimony under oath, the United States district court for the district in which such person is found, resides, or transacts business, shall, upon application of the Commission, have jurisdiction to issue to such person an order requiring him to comply with the provisions of section 709 (c) or (d) or to comply with the demand of the Commission, but the attendance of a witness may not be required outside the State where he is found, resides, or transacts business and the production of evidence may not be required outside the State where such evidence is kept.

(c) Within twenty days after the service upon any person charged under section 706 of a demand by the Commission for the production of documentary evidence or for permission to examine or to copy evidence in conformity with the provisions of section 709(a), such person may file in the district court of the United States for the judicial district in which he resides, is found, or transacts business, and serve upon the Commission a petition for an order of such court modifying or setting aside such demand. The time allowed for compliance with the demand in whole or in part as deemed proper and ordered by the court shall not run during the pendency of such petition in the court. Such petition shall specify each ground upon which the petitioner relies in seeking such relief, and may be based upon any failure of such demand to comply with the provisions of this title or with the limitations generally applicable to compulsory process or upon any constitutional or other legal right or privilege of such person. No objection which is not raised by such a petition may be urged in the defense to a proceeding initiated by the Commission under subsection (b) for enforcement of such a demand unless such proceeding is commenced by the Commission prior to the expiration of the twenty-day period, or unless the court determines that the defendant could not reasonably have been aware of the availability of such ground of objection.

(d) In any proceeding brought by the Commission under subsection (b), except as provided in subsection (c) of this section, the defendant may petition the court for an order modifying or setting aside the demand of the Commission.

SEC. 711. (a) Every employer, employment agency, and labor organization, as the case may be, shall post and keep posted in conspicuous places upon its premises where notices to employees, applicants for employment, and members are customarily posted a notice to be prepared or approved by the Commission setting forth excerpts from or, summaries of, the pertinent provisions of this title and information pertinent to the filing of a complaint.

(b) A willful violation of this section shall be punishable by a fine of not more than $100 for each separate offense.

VETERANS' PREFERENCE

SEC. 712. Nothing contained in this title shall be construed to repeal or modify any Federal, State, territorial, or local law creating special rights or preference for veterans.

RULES AND REGULATIONS

SEC. 713. (a) The Commission shall have authority from time to time to issue, amend, or rescind suitable procedural regulations to carry out the provisions of this title. Regulations issued under this section shall be in conformity with the standards and limitations of the Administrative Procedure Act.

(b) In any action or proceeding based on any alleged unlawful employment practice, no person shall be subject to any liability or punishment for or on account of (1) the commission by such person of an unlawful employment practice if he pleads and proves that the act or omission complained of was in good faith, in conformity with, and in reliance on any written interpretation or opinion of the Commission, or (2) the failure of such person to publish and file any information required by any provision of this title if he pleads and proves that he failed to publish and file such information in good faith, in conformity with the instructions of the Commission issued under this title regarding the filing of such information. Such a defense, if established, shall be a bar to the action or proceeding, notwithstanding that (A) after such act or omission, such interpretation or opinion is modified or rescinded or is determined by judicial authority to be invalid or of no legal effect, or (B) after publishing or filing the description and annual reports, such publication or filing is determined by judicial authority not to be in conformity with the requirements of this title.

FORCIBLY RESISTING THE COMMISSION OR ITS REPRESENTATIVES

SEC. 714. The provisions of section 111, title 18, United States Code, shall apply to officers, agents, and employees of the Commission in the performance of their official duties.

SPECIAL STUDY BY SECRETARY OF LABOR
SEC. 715. The Secretary of Labor shall make a full and complete study of the factors which might tend to result in discrimination in employment because of age and of the consequences of such discrimination on the economy and individuals affected. The Secretary of Labor shall make a report to the Congress not later than June 30, 1965, containing the results of such study and shall include in such report such recommendations for legislation to prevent arbitrary discrimination in employment because of age as he determines advisable.

EFFECTIVE DATE
SEC. 716. (a) This title shall become effective one year after the date of its enactment.

(b) Notwithstanding subsection (a), sections of this title other than sections 703, 704, 706, and 707 shall become effective immediately.

(c) The President shall, as soon as feasible after the enactment of this title, convene one or more conferences for the purpose of enabling the leaders of groups whose members will be affected by this title to become familiar with the rights afforded and obligations imposed by its provisions, and for the purpose of making plans which will result in the fair and effective administration of this title when all of its provisions become effective. The President shall invite the participation in such conference or conferences of (1) the members of the President's Committee on Equal Employment Opportunity, (2) the members of the Commission on Civil Rights, (3) representatives of State and local agencies engaged in furthering equal employment opportunity, (4) representatives of private agencies engaged in furthering equal employment opportunity, and (5) representatives of employers, labor organizations, and employment agencies who will be subject to this title.

TITLE VIII--REGISTRATION AND VOTING STATISTICS

SEC. 801. The Secretary of Commerce shall promptly conduct a survey to compile registration and voting statistics in such geographic areas as may be recommended by the Commission on Civil Rights. Such a survey and compilation shall, to the extent recommended by the Commission on Civil Rights, only include a count of persons of voting age by race, color, and national origin, and determination of the extent to which such persons are registered to vote, and have voted in any statewide primary or general election in which the Members of the United States House of Representatives are nominated or elected, since January 1, 1960. Such information shall also be collected and compiled in connection with the Nineteenth Decennial Census, and at such other times as the Congress may prescribe. The provisions of section 9 and chapter 7 of title 13, United States Code, shall apply to any survey, collection, or compilation of registration and voting statistics carried out under this title: Provided, however, That no person shall be compelled to disclose his race, color, national origin, or questioned about his political party affiliation, how he voted, or the reasons therefore, nor shall any penalty be imposed for his failure or refusal to make such disclosure. Every person interrogated orally, by written survey or questionnaire or by any other means with respect to such information shall be fully advised with respect to his right to fail or refuse to furnish such information.

TITLE IX--INTERVENTION AND PROCEDURE AFTER REMOVAL IN CIVIL RIGHTS CASES

SEC. 901. Title 28 of the United States Code, section 1447(d), is amended to read as follows:

"An order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise, except that an order remanding a case to the State court from which it was removed pursuant to section 1443 of this title shall be reviewable by appeal or otherwise."

SEC. 902. Whenever an action has been commenced in any court of the United States seeking relief from the denial of equal protection of the laws under the fourteenth amendment to the Constitution on account of race, color, religion, or national origin, the Attorney General for or in the name of the United States may intervene in such action upon timely application if the Attorney General certifies that the case is of general public importance. In such action the United States shall be entitled to the same relief as if it had instituted the action.

TITLE X--ESTABLISHMENT OF COMMUNITY RELATIONS SERVICE

SEC. 1001. (a) There is hereby established in and as a part of the Department of Commerce a Community Relations Service (hereinafter referred to as the "Service"), which shall be headed by a Director who shall be appointed by the President with the advice and consent of the Senate for a term of four years. The Director is authorized to appoint, subject to the civil service laws and regulations, such other personnel as may be necessary to enable the Service to carry out its functions and duties, and to fix their compensation in accordance with the Classification Act of 1949, as amended. The Director is further authorized to procure services as authorized by section 15 of the Act of August 2, 1946 (60 Stat. 810; 5 U.S.C. 55(a)), but at rates for individuals not in excess of $75 per diem.

(b) Section 106(a) of the Federal Executive Pay Act of 1956, as amended (5 U.S.C. 2205(a)), is further amended by adding the following clause thereto:

"(52) Director, Community Relations Service."

SEC. 1002. It shall be the function of the Service to provide assistance to communities and persons therein in resolving disputes, disagreements, or difficulties relating to discriminatory practices based on race, color, or national origin which impair the rights of persons in such communities under the Constitution or laws of the United States or which affect or may affect interstate commerce. The Service may offer its services in cases of such disputes, disagreements, or difficulties whenever, in its judgment, peaceful relations among the citizens of the community involved are threatened thereby, and it may offer its services either upon its own motion or upon the request of an appropriate State or local official or other interested person.

SEC. 1003. (a) The Service shall, whenever possible, in performing its functions, seek and utilize the cooperation of appropriate State or local, public, or private agencies.

(b) The activities of all officers and employees of the Service in providing conciliation assistance shall be conducted in confidence and without publicity, and the Service shall hold confidential any information acquired in the regular performance of its duties upon the understanding that it would be so held. No officer or employee of the Service shall engage in the performance of investigative or prosecuting functions of any department or agency in any litigation arising out of a dispute in which he acted on behalf of the Service. Any officer or other employee of the Service, who shall make public in any manner whatever any information in violation of this subsection, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000 or imprisoned not more than one year.

SEC. 1004. Subject to the provisions of sections 205 and 1003(b), the Director shall, on or before January 31 of each year, submit to the Congress a report of the activities of the Service during the preceding fiscal year.

TITLE XI--MISCELLANEOUS

SEC. 1101. In any proceeding for criminal contempt arising under title II, III, IV, V, VI, or VII of this Act, the accused, upon demand therefor, shall be entitled to a trial by jury, which shall conform as near as may be to the practice in criminal cases. Upon conviction, the accused shall not be fined more than $1,000 or imprisoned for more than six months.

This section shall not apply to contempts committed in the presence of the court, or so near thereto as to obstruct the administration of justice, nor to the misbehavior, misconduct, or disobedience of any officer of the court in respect to writs, orders, or process of the court. No person shall be convicted of criminal contempt hereunder unless the act or omission constituting such contempt shall have been intentional, as required in other cases of criminal contempt.

Nor shall anything herein be construed to deprive courts of their power, by civil contempt proceedings, without a jury, to secure compliance with or to prevent obstruction of, as distinguished from punishment for violations of, any lawful writ, process, order, rule, decree, or command of the court in accordance with the prevailing usages of law and equity, including the power of detention.

SEC. 1102. No person should be put twice in jeopardy under the laws of the United States for the same act or omission. For this reason, an acquittal or conviction in a prosecution for a specific crime under the laws of the United States shall bar a proceeding for criminal contempt, which is based upon the same act or omission and which arises under the provisions of this Act; and an acquittal or conviction in a proceeding for criminal contempt, which arises under the provisions of this Act, shall bar a prosecution for a specific crime under the laws of the United States based upon the same act or omission.

SEC. 1103. Nothing in this Act shall be construed to deny, impair, or otherwise affect any right or authority of the Attorney General or of the United States or any agency or officer thereof under existing law to institute or intervene in any action or proceeding.

SEC. 1104. Nothing contained in any title of this Act shall be construed as indicating an intent on the part of Congress to occupy the field in which any such title operates to the exclusion of State laws on the same subject matter, nor shall any provision of this Act be construed as invalidating any provision of State law unless such provision is inconsistent with any of the purposes of this Act, or any provision thereof.

SEC. 1105. There are hereby authorized to be appropriated such sums as are necessary to carry out the provisions of this Act.

SEC. 1106. If any provision of this Act or the application thereof to any person or circumstances is held invalid, the remainder of the Act and the application of the provision to other persons not similarly situated or to other circumstances shall not be affected thereby.

Approved July 2, 1964.

LEGISLATIVE HISTORY:

HOUSE REPORTS: Nos. 914, 914 pt. 2 (Comm. on the Judiciary).

CONGRESSIONAL RECORD, Vol. 110 (1964):

Jan. 31; Feb. 1, 3-8: Considered in House.

Feb. 10: Considered and passed House.

Feb. 26: Senate placed bill on calendar.

Mar. 9-14, 16-21, 23-25: Senate debated motion to consider bill.

Mar. 26: Senate agreed to motion to consider bill.

Mar. 30, 31; Apr. 1-3, 6-11, 13-18, 20-25, 27-30; May 1,

2, 4-8, 11-16, 18-22, 25-28; June 1-6: Considered in Senate.

June 8: Motion for cloture filed in Senate.

June 9: Considered in Senate.

June 10: Senate adopted motion for cloture.

June 11-13, 15-18: Considered in Senate.

June 19: Considered and passed Senate, amended.

July 2: House concurred in Senate amendments.

Little Bighorn

2007-04-01T20:13:00.000-07:00

Eyewitness Account of the Battle of Little Bighorn
by Chief Red Horse
1881

Five springs ago I, with many Sioux Indians, took down and packed up our tipis and moved from Cheyenne river to the Rosebud river, where we camped a few days; then took down and packed up our lodges and moved to the Little Bighorn river and pitched our lodges with the large camp of Sioux.

The Sioux were camped on the Little Bighorn river as follows: The lodges of the Uncpapas were pitched highest up the river under a bluff. The Santee lodges were pitched next. The Oglala's lodges were pitched next. The Brule lodges were pitched next. The Minneconjou lodges were pitched next. The Sans Arcs' lodges were pitched next. The Blackfeet lodges were pitched next. The Cheyenne lodges were pitched next. A few Arikara Indians were among the Sioux (being without lodges of their own). Two-Kettles, among the other Sioux (without lodges).

I was a Sioux chief in the council lodge. My lodge was pitched in the center of the camp. The day of the attack I and four women were a short distance from the camp digging wild turnips. Suddenly one of the women attracted my attention to a cloud of dust rising a short distance from camp. I soon saw that the soldiers were charging the camp. To the camp I and the women ran. When I arrived a person told me to hurry to the council lodge. The soldiers charged so quickly we could not talk (council). We came out of the council lodge and talked in all directions. The Sioux mount horses, take guns, and go fight the soldiers. Women and children mount horses and go, meaning to get out of the way.

Among the soldiers was an officer who rode a horse with four white feet. [This officer was evidently Capt. French, Seventh Cavalry.] The Sioux have for a long time fought many brave men of different people, but the Sioux say this officer was the bravest man they had ever fought. I don't know whether this was Gen. Custer or not. Many of the Sioux men that I hear talking tell me it was. I saw this officer in the fight many times, but did not see his body. It has been told me that he was killed by a Santee Indian, who took his horse. This officer wore a large-brimmed hat and a deerskin coat. This officer saved the lives of many soldiers by turning his horse and covering the retreat. Sioux say this officer was the bravest man they ever fought. I saw two officers looking alike, both having long yellowish hair.

Before the attack the Sioux were camped on the Rosebud river. Sioux moved down a river running into the Little Bighorn river, crossed the Little Bighorn river, and camped on its west bank.

This day [day of attack] a Sioux man started to go to Red Cloud agency, but when he had gone a short distance from camp he saw a cloud of dust rising and turned back and said he thought a herd of buffalo was coming near the village.

The day was hot. In a short time the soldiers charged the camp. [This was Maj. Reno's battalion of the Seventh Cavalry.] The soldiers came on the trail made by the Sioux camp in moving, and crossed the Little Bighorn river above where the Sioux crossed, and attacked the lodges of the Uncpapas, farthest up the river. The women and children ran down the Little Bighorn river a short distance into a ravine. The soldiers set fire to the lodges. All the Sioux now charged the soldiers and drove them in confusion across the Little Bighorn river, which was very rapid, and several soldiers were drowned in it. On a hill the soldiers stopped and the Sioux surrounded them. A Sioux man came and said that a different party of Soldiers had all the women and children prisoners. Like a whirlwind the word went around, and the Sioux all heard it and left the soldiers on the hill and went quickly to save the women and children.

From the hill that the soldiers were on to the place where the different soldiers [by this term Red-Horse always means the battalion immediately commanded by General Custer, his mode of distinction being that they were a different body from that first encountered] were seen was level ground with the exception of a creek. Sioux thought the soldiers on the hill [i.e., Reno's battalion] would charge them in rear, but when they did not the Sioux thought the soldiers on the hill were out of cartridges. As soon as we had killed all the different soldiers the Sioux all went back to kill the soldiers on the hill. All the Sioux watched around the hill on which were the soldiers until a Sioux man came and said many walking soldiers were coming near. The coming of the walking soldiers was the saving of the soldiers on the hill. Sioux can not fight the walking soldiers [infantry], being afraid of them, so the Sioux hurriedly left.

The soldiers charged the Sioux camp about noon. The soldiers were divided, one party charging right into the camp. After driving these soldiers across the river, the Sioux charged the different soldiers [i.e., Custer's] below, and drive them in confusion; these soldiers became foolish, many throwing away their guns and raising their hands, saying, "Sioux, pity us; take us prisoners." The Sioux did not take a single soldier prisoner, but killed all of them; none were left alive for even a few minutes. These different soldiers discharged their guns but little. I took a gun and two belts off two dead soldiers; out of one belt two cartridges were gone, out of the other five.

The Sioux took the guns and cartridges off the dead soldiers and went to the hill on which the soldiers were, surrounded and fought them with the guns and cartridges of the dead soldiers. Had the soldiers not divided I think they would have killed many Sioux. The different soldiers [i.e., Custer's battalion] that the Sioux killed made five brave stands. Once the Sioux charged right in the midst of the different soldiers and scattered them all, fighting among the soldiers hand to hand.

One band of soldiers was in rear of the Sioux. When this band of soldiers charged, the Sioux fell back, and the Sioux and the soldiers stood facing each other. Then all the Sioux became brave and charged the soldiers. The Sioux went but a short distance before they separated and surrounded the soldiers. I could see the officers riding in front of the soldiers and hear them shooting. Now the Sioux had many killed. The soldiers killed 136 and wounded 160 Sioux. The Sioux killed all these different soldiers in the ravine.

The soldiers charged the Sioux camp farthest up the river. A short time after the different soldiers charged the village below. While the different soldiers and Sioux were fighting together the Sioux chief said, "Sioux men, go watch soldiers on the hill and prevent their joining the different soldiers." The Sioux men took the clothing off the dead and dressed themselves in it. Among the soldiers were white men who were not soldiers. The Sioux dressed in the soldiers' and white men's clothing fought the soldiers on the hill.

The banks of the Little Bighorn river were high, and the Sioux killed many of the soldiers while crossing. The soldiers on the hill dug up the ground [i.e., made earth-works], and the soldiers and Sioux fought at long range, sometimes the Sioux charging close up. The fight continued at long range until a Sioux man saw the walking soldiers coming. When the walking soldiers came near the Sioux became afraid and ran away.