June 16, 1970
Page 19958
JACKSON STATE KILLINGS
Mr. MUSKIE. Mr. President, on May 22, in Jackson, Miss., I was one of a group of concerned citizens who attended the funeral of James Earl Green, who was shot and killed on May 14, 1970, in a moment of unprecedented police violence, across from Alexander Hall, the girls' dormitory at Jackson State College. Green was a high school student who was returning home from his part-time job when he was shot by the police. In the absence of complete and impartial investigation with even tentative findings, the best available evidence suggests that the following is what occurred on the evening of May 14, 1970.
Fifteen minutes before Green was shot, the police had randomly fired into a men's dormitory some 100 yards away from Alexander Hall. Then the police and the men of the Highway Patrol moved down West Lynch Street toward Alexander Hall, led by an armored vehicle equipped especially for riot duty. Outside Alexander Hall a skirmish line was formed. With no known warning, a barrage of bullets left Philip L. Gibbs, a 21-year-old black, prelaw student – and father of an 11-month-old son – dead, seven others wounded and one wing of Alexander Hall riddled.
Gunfire was then trained on the buildings across the street, as of that moment, and lacking refutation, it appears the police picked up their expended shells, ignored the wounded, and left.
It is impossible not to be disturbed and angered by this savage killing of a black college and a black high school student by white police and highway patrol.
Mr. President, I ask that a memorandum to the Lawyers' Committee for Civil Rights Under Law from its Jackson office concerning the Jackson State College be inserted in the RECORD at the end of my remarks. The memorandum raises serious questions about the background of these killings – questions for which I do not have the answers but which must be answered. It furnishes great detail about what happened in those moments around midnight on May 14, 1970, as seen by some of those on the scene. It contains proposed solutions to alleviate pressure on Jackson State.
Since the funerals of Philip L. Gibbs and James Earl Green, Mr. President, the evidence of the shootings has been removed from the campus of Jackson State College; the Governor of Mississippi has announced the results of an "investigation" that raised more questions than it answered; the Governor has refused to cooperate with Federal investigators; the mayor of Jackson has refused to make public the report of a Biracial Investigating Committee; and Assistant Attorney General Jerris Leonard has said that there is not "sufficient evidence" to lend credence to reports of sniper fire.
Since the funerals of Mr. Gibbs and Mr. Green, I have wired the President once and the Attorney General twice, asking that a special Federal grand jury be empaneled to investigate the killings at Jackson State. I ask that the text of these telegrams be inserted in the RECORD at the conclusion of my remarks.
The Department of Justice has the public duty to convene a grand jury and prosecute the killers. They must pursue this charge even though it may develop that those responsible for these two deaths wear the blue uniforms of the Jackson Police Department or the gray uniforms of the Mississippi Highway Patrol. No one is above the law. Everyone is entitled to the security of his person.
Equal justice is the cornerstone of this Nation, of which Mississippi is a part.
There being no objection, the items were ordered to be printed in the RECORD, as follows:
MEMORANDUM
To: Lawyers' Committee for Civil Rights Under Law.
From: Alvin O. Chambliss.
Re: Recent Jackson State College disturbances, how real can black repression be?
Many blacks in America have expressed a view that genocide in this country is at an all-time peak. This point of view seems to stem from the many contradictions in our society. The Nixon Administration did not help this situation with its all-white cabinet, nor did its alleged conspiracy against the Black Panther party. Whatever stimulates this type belief among black folk, it can not be denied that incidents which have occurred in this country in the last couple of weeks seems to crystalize in most black people the truth of genocide in every form and fashion.
The Jackson State College incident is a typical case in point, which can be used to illustrate the many reasons why blacks in this country are so apprehensive.
Jackson is a city centrally located in Mississippi, with a population of around 200,000 people. Among other things, it is also the home of Millsaps, Tougaloo and Jackson State College.
Jackson State College is located in the black community with a thoroughfare dividing the college. There has been a long history centered around the issue of Lynch Street, and the role this thoroughfare plays in each disturbance connected with the college. Going back a few years, a student of Jackson State College was hit by a car while crossing the street. Students reacted by throwing rocks bricks, and other objects at passing cars. The street was quickly sealed off and police reacted with a general firing upon unarmed students, injuring several. An armored tank which was acquired during Mayor Allen Thompson's administration (given the name generally of "Thompson's Tank") was called in to put down the sporadic rock throwing.
A street light was put up, since there was no light in the first instance and students had to cross the streets at their own risk. There was talk about re-routing the traffic. There was also talk about running a ramp across the street so students could cross safely, as well as building a tunnel so cars could go through without injuring students. All of this talk died out, and business as usual was reinstated.
Each year after 1963, there was trouble which brought policemen, highway patrolmen and other officers into the campus, caused basically because of Lynch Street, the main thoroughfare through the campus.
In 1967, a similar incident concerning Lynch Street resulted in the death of Ben Brown, an active civil rights worker. There were other people who were injured also. There were many who called the "Ben Brown incident" cold blooded murder. Whatever the case, patterns of practice tend to support the theory that "over-reaction” is the rule rather than the exception in cases stemming from a few rocks being thrown into Lynch Street. Again, the idea of turning Lynch Street over to Jackson State College, and re-routing the traffic was aired, as well as other demands by the community and students, but they too were dropped in a few weeks.
On May 13, 1970, students at Jackson State College had a meeting on matters which are pressing our society today. The number one topic of discussion was the events which had occurred in Augusta, Georgia. They were upset over the "alleged massacre" of the six blacks in Augusta. However, their main concern was the coroner's autopsy report stating all six people allegedly killed by the police on Monday, may 11, 1970 were shot in the back. The students were also upset over the fact that one victim was shot nine times.
Students also contend that other pressing matters were discussed; the alleged conspiracy against the Black Panthers party; the election problems of black people in Lake Providence, Louisiana; the Cambodian and Indochina war and its effect on black people; and the grievances against the refusal of the school to attack the allocations and distribution of funds by the state, as between the white and black colleges.
On or around 9:30 p.m. a crowd of students including a substantial number of non-students began congregating near the center of the campus on Lynch Street. Rocks and bricks were thrown as cars passed. Several people were allegedly treated for injuries received from the rock throwing. Highway patrolmen, city police as well as National Guardsmen manned the barricades surrounding the campus. A small bonfire was alleged to be burning in the middle of Lynch Street. The 30-block sealed off area was guarded and people who were permitted by the road block were searched for weapons. Thompson's armored tank was moved onto the campus to protect the ROTC building, but was not used to disperse the students; nor was tear gas used. Although the crowd reportedly reached 200 in numbers, damage to the area was light.
The next day, the President of the College, Dr. John A. Peoples issued a bulletin entitled "A Message from the President." In the one page message, he stated that "two trailers used for hauling garbage from dormitories and the dining hall were burned." He expressed disappointment in the students, reminding them that "young black adults" were the persons our society would depend on for leadership in the future. He also mentioned the fact that the overwhelming majority of students were not participants in the riot, and to those who tried valiantly to prevent it, a note of thanks was extended.
The climate was very relaxed all during the day and many of the students were satisfied that the earlier tension had passed. However, around 7:30 to 8:00 p.m. students began to feel uneasy, and the general mood changed. Mr. Warner Buxton, President elect of the Student Government Association of Jackson State College explains, "At first, I thought that things had settled down to normal. Many students were going to class as usual. During the early part of the night people were not concerned about the presence of the National Guard." "Mayor Russell Davis seemed to have gotten his message across to the students as well as President John Peoples."
Between 8:00 and 9:00 p.m. people began to mill around the edges of the campus as well as in the middle of the campus. An alleged report of Mayor Charles Evers and his wife being killed in Fayette touched off a reaction resulting in the burning of a city dump truck that was parked for the night at the site of a pipeline repair job on campus. Other students deny the report of Mayor Evers' death as the proximate cause of the fire. Whatever the reasoning, students did set fire to the dump truck and city firemen moved in to extinguish the blaze. The students said no one bothered the firemen, and they immediately put the fire out, even though highway patrolmen and city policemen allege that rock, bricks, bottles and other materials were tossed at them while they were battling the fire. However, there were no reports that firemen were injured while fighting the fire, which can be attributed to the Jackson State College students.
What happened next is unprecedented in our modern day college history. The National Guard, the city police and the "Mississippi Gestapo" acting in concert, perpetrated the most vicious, inhumane and savage act known to mankind on the Jackson State College community, the Jim Hill High School community as well as the black community in general. The "Mississippi Gestapo" referred to earlier, is the Mississippi State Highway Safety Patrol. The name was given to it by the black community because of the Mississippi State Law which permits it to go into any county in the State whenever trouble arises and not be held responsible for its actions while being in an area outside its original area. Black community people in fact know that the highway patrol, even though it appears not to be a secret police organization, is in fact secret, since its overt, aggressive and unlawful actions are, in fact, never indictable, convictable or subject to the rule of law.
As soon as the firemen left the campus, unharmed, the highway patrol being given an opportunity to come upon the campus to seek and destroy marched upon the campus. They had double parked on Prentiss Street, and were waiting for an excuse to murder. After marching about a block, several of them stopped at Stewart Hall where they shot from five to ten bullets through the fourth floor window. The shots entered the window from the side of the building and apparently were fired from that area. They then proceeded to march up the street toward Alexander Hall. As to whether or not they fired shots between the Stewart Hall firing and the Alexander Hall massacre has not been settled. However, one student reported several patrolmen told him to clear the area, unless he wanted to be filled with bullets.
A crowd of students were in front of Alexander Hall and on the streets in front of the building. There are conflicting testimony as to whether or not the highway patrolmen who had a bull horn spoke, or said nothing before the massive shooting. There is also conflicting testimony as to whether or not two shots were fired by a student or students, or whether or not a bottle was thrown or not. At any rate testimony has been alleged by the Chief of Detectives M. B. Pierce and Highway Patrol Inspector Jack Hutchinson, on duty when a spatter of gunfire fired from all types of automatic weapons took the lives of Phillip L. Gibbs, 21, of Ripley, Mississippi, a junior at Jackson State College, majoring in History and Political Science and James Earl Green, 17, of Jackson, Mississippi, a senior at Jim Hill High School and a track star, that is in conflict with most of the student testimony.
A tape recording of events surrounding the firing on the dormitory starts with a voice asking, "Are you shooting?" apparently a reporter asking his cameraman whether he was shooting film. The cameraman replies, "Yes." The tape speaker may have burped twice, some of the officers may have made the sounds, or maybe they were shots, even though they were considerably lower in terms of sounds than the officers’ shots. Then a bottle breaks, and there are two sounds. After the two sounds, there is a roar of gunfire from the highway patrol officers which lasts at least 30 seconds before a cease fire order was given, after the men in fact had ceased firing themselves.
After the firing ceased, the highway patrol officers all stooped down and picked up most of their shells and quickly marched off in the direction of their cars parked on Prentiss Street. This part of the testimony is clear and uncontradicted. It is also clear that between 300 to 500 bullets were fired into Alexander Hall, Robert's Dining Hall and Stewart Hall, Alexander Hall getting about 90 % of the shots. There are conflicting testimonies as to whether Alexander Hall's fourth floor
window will open up in such a manner that a sniper can shoot out of it and still be covered substantially. One student said "No one shot from the fourth floor of Alexander Hall, if one wanted to fire, he or she would almost hang half-way out of the window."
There are conflicting reports as to how many students were injured. Most papers state 12 to 18 even though students say half of the people injured were taken home by their parents that night and the next morning. Mr. Warner Buxton, the Student Government Association President states, "From 30 to 40 injured would be a better estimate."
As the highway patrol rushed from the scene of the crime, the "Co-conspirator" National Guardsmen rushed in along with the campus security guard to attend to the murdered, slaughtered or otherwise dying and and injured students. The security guards had been suppressed completely. In fact, several guards were allegedly told to clear the area and pushed aside physically, verbally or otherwise. What the third member or fourth member (usually in troubled areas in the state, fish and game wardens, are summoned), the city police, were during this period is open to question. Some observers say they were with the highway patrol while others say they remained on the edge of the campus, while still another group say they were present but did not participate directly.
It is alleged that Phillip L. Gibbs, was shot several times after he heard the shots of the highway patrolmen but could not get in the girls’ dormitory. It is further alleged that after he ran from the west wing entrance, he was shot several times but limped a few paces further, and was then shot several more times almost near the middle of the open space between the west wing and the opposing wing, where he received the critical wounds.
It is alleged that James Earl Green was shot opposite the west wing of Alexander Hall across the street on the side of Roberts Dining Hall. There are many small trees, bushes and other effects, and possible reports and investigations will determine how many shots were fired at him.
However, there are several small holes in the brick, and several large holes in the brick, indicating that an excessive amount of force was used in any event. James was a part-time worker at a drive-in grocery store. He was on his way home through Jackson State College's Lynch Street route when he noticed the things occurring and stopped. He never made it home that night. He was not involved in the incidents according to creditable sources.
There is no evidence adduced so far that would substantiate a sniper fired, nor is there any evidence as to where the "alleged sniper fire" came from, in terms of direction.
It should be borne in mind that no tear gas was used and this was a massive crowd of students.
There are presently five investigation teams probing the death of the students. The Federal Bureau of Investigation is conducting an investigation; the State Highway Patrol is conducting an investigation; the city police are conducting an investigation, the Mayor's Bi-racial Committee which is composed of three whites and two black attorneys, is conducting an investigation, as well as the students and their lawyers from th Lawyers' Committee for Civil Rights Under Law, in conjunction with 13 Howard University Law students.
A committee of active students on Jackson State's campus have organized the Committee of Concerned Students. This committee in conjunction with the community has begun to move in the direction of a more positive relationship with its community and the many problems which confront it daily. Warner Buxton, the Chairman of the Committe and new president-elect of the Student Government Association of Jackson State College, along with Karl Griffin, Gene Young, Farrish Adams, Sylvia Gibson, Gregory Antoine and Chester Taylor represent the new breed of leadership emerging out of years of frustration at our colleges and universities.
The Committee of Concerned Students and other concerned community people have formulated a list of goals and objectives to which they are seeking redress. Their purpose in setting forth these recommendations, propositions, demands, or otherwise, is to halt the unwarranting murders of Jackson State College students, community people, and to protest the genocide and systematic repression of black people in Mississippi specifically and the Nation in general.
It is also their hope and desire that the persons responsible for the massive executions i.e., the state highway patrol, the city police, the state national guard, as well as private individuals, acting alone, and/or in concert with other officials or otherwise, will be brought to justice, and the rights of individuals will again prevail, over property rights.
HERE ARE THEIR ULTIMATE DEMANDS
(1) They are calling for the immediate relinquishment or surrender of the city's title to Lynch Street, from Eastview Street to Dalton Street to Jackson State College. It is the community's feelings that the thoroughfare (Lynch Street) going through the heart of Jackson State College campus should be re-routed so as to leave Jackson State College disorders to Jackson State College campus officials. They reason that in light of the long history of Lynch Street with regards to Jackson State College, it would be in the best interest of all parties concerned.
(2) They call for a grievance procedure with black citizen participation for the investigation of police abuse of members of the black community. For years they have watched police brutality, cold blooded murder and general harassment and intimidation of black people in Jackson as well as other parts of the state, by state, county and city law enforcement officers. After due discussion, investigations and deliberations we have come to the conclusion that there must be an effective element of "Community Control" over the activities of the police, including but not limited to, hiring, firing and promotions are the only ways of dealing with the problems of police and the department.
(3) They are calling for a state-wide grievance procedure to handle complaints against the highway patrol. They are also calling for the proportionate hiring of black highway patrolmen in relationship to the proportionate population of blacks in all 82 counties in which they serve.
(4) They are calling for the halt of the unilateral decisionmaking of M. M. Roberts, President of the State Board of Institutions of Higher Learning of the State of Mississippi. They question the grounds used in determining final grades for students who were forced to go home after school was closed. The administrative grades that have been or will be given this term raises questions of legality and workability in light of the recent decision of "the New York Court of Appeals" concerning "New York University" and the problems they created for their students with professional agencies. They are also demanding 50% black representation of that board, which does not presently reflect the thinking of all segments of the state community.
(5) They are calling for the immediate and unconditional firing of the "Colored Ellison (Big Red) Weathersby" from the city police department, and white racist "Lloyd (Goon) Jones" from the state highway patrol department.
(6) They are calling for the immediate reopening of Jackson State College, and resuming of all activities thereon, including the annual summer school program, because Mississippi blacks are in dire need of education for their betterment as well as the state's development.
(7) They are calling for equal hiring of blacks throughout the state on federal jobs, and a proportionate number of appointments in federal and state patronage positions. The fully understood need of community participation and administration on the county and state level as well as on the national level.
(8) They are calling for an equal allocation and distribution of federal and state funds to schools of higher learning, including but not limited to Jackson State College, Mississippi Valley State College and Alcorn College. They are very aware of last year's allotment, and the fact that these colleges have never been given a fair share of their tax paying monies.
(9) They are calling for a State Minority Commission Bureau or otherwise, to deal with the problems of black contractors. This commission would deal with the "Small Business Administration" and other interested federal and state agencies, in regards to getting finance for small businesses, black economic development, and state and federal procurement contracts. This agency would also deal with the problems of insuring and bonding of black contractors. It would also see whether federal regulations are being violated for construction contracts, with regards to black employment by white contractors.
(10) They are calling for the hiring of a proportionate number of black teachers in regards to the number of black students in every public school in the state. They are calling for the reinstatement of all black principals with all the powers, including salary, duties, and responsibility which they formerly had when they were principals in the "closed" black schools. They are very aware of the problems of integration and the unitary system, but demand a more realistic and workable solution to those problems.
(11) They are calling for the immediate suspension of the licenses of all television and radio stations in the State of Mississippi. Their grounds for suspension are that there are few if any black programs aired, and very few blacks are working in the stations. The few that are working are censored, and really cannot participate meaningfully in broadcasting without fear of their jobs. In light of the Federal Communication Act, policies and regulations, equal time has not been granted to the black community for them to air their views. They are also concerned about the abusive distortment of news as it relates to the black community.
(12) They are calling for the hiring of blacks in the fire department. They are aware of the lily-white fire department all over the state, and indeed the nation. They want a proportionate number of blacks employed in relation to the number of blacks in the county.
(13) They are calling for the appointment of federal judges, federal prosecutors, attorneys or otherwise for the State of Mississippi and the south in general. They reason since there is 50% or more black people in the State of Mississippi, with not one federal judge, prosecutor, federal attorney or otherwise, the breakdown of justice in the first instance shows its face there. Justice can only be had when whites as well as blacks respect "the rule of law." The rule of law can be administered by blacks as effectively as whites and surely knows no color.
(14) They are calling for the opening of all city recreation facilities across the state, including but not limited to city swimming pools, parks and other facilities. Since the rule of law should readily prevail, the Supreme Court of the United States has ruled on the unconstitutionality of the same, steps should be taken immediately to comply with the ruling.
(15) They are calling for a "general policy on the use of fire arms which would comport with the President's Commission on Law Enforcement and Administration of Justice." They strongly recommend the Task Force report on the use of fire arms. They know the state law enforcement policy on riot control, and demand that total compliance with the President's Task Force be adopted, including but not limited to Article III on page 189.
In order to effectuate and give force and impetus these demands, goals and objectives stated above, we are calling on all citizens, black and those few whites who are sincerely concerned to:
(1) Boycott all white merchants unless something is given to the contrary.
(2) City wide strike of all students, citizens, employees, on Friday, May 22, 1970, the day of the funeral of Brother Green.
(3) A state and nationwide day of mourning in our churches and homes on Sunday, May 24, 1970, for the black students massacre at Jackson State College, the victims of the Augusta, Georgia slaughter, and black repression in general across this nation. It is hoped that the issues of genocide and survival of black people will be given paramount consideration in churches, homes and other places of worship, with prayers from everyone concerned given.
(4) That all churches of Mississippi and the nation take a more positive position on issues that confront society today, i.e. social justice, war in Vietnam, funding of relevant OEO which attempts to address themselves to poor people problems, and the problems of true religious brotherhood.
(5) Picketing, boycotting and otherwise of all racist merchants and establishments who have not been given the seal of approval from the "Black Business League" and the Committee of Concerned Students and citizens. This should include picketing and boycotting but shall not in any way be limited to the above named tactics.
(6) Neither rent nor buy robes for graduation. If march, march in clothes which are common to your environment and that will show your real economic status.
(7) Support all black business and concerns in Jackson, Mississippi and the State. Giving them a chance to produce the kind of services they are giving or/are capable of giving.
CONCLUSION
It seems that the people of Jackson. Mississippi are not asking, but telling the city and state to change. They are giving the system an ultimatum. It further seems that they are still trying to work within the system. Even though many blacks are very very uptight about the violence perpetrated on their brothers and sisters across the state, they realize that they have not put together nor have they been able to sustain a concentrated drive toward total emancipation. However, it seems that many of them are saying, we're dying like flies anyway, so why not fight fire with fire. Whatever faction prevails, it seems that both are equally determined to obtain self-determination by any means necessary, within or without the system.
COPY OF TELEGRAM TO THE PRESIDENT, MAY 24, 1970
The PRESIDENT,
The White House,
Washington, D.C.
Mississippi Governor Williams' action in ordering removal of evidence from Jackson State College shooting scene, early Saturday, contrary to earlier assurances, took away the last shreds of credibility from him and those responsible to him in connection with this case. That action and his reaction to those who have voiced concern over the killings make it imperative that you direct the Justice Department to empanel a special Federal Grand Jury to conduct an immediate full-scale investigation of the Jackson State incident.
The Williams administration has forfeited any claim that it is prepared to protect the rights or lives of black citizens in Mississippi. It is not enough for the attorney general to promise a departmental investigation. You have a constitutional obligation to act now to assure justice in the Jackson State case and to protect the lives and rights of black citizens in that area, using the authority accorded you under the Constitution and the laws of the United States.
EDMUND S. MUSKIE.
COPY OF TELEGRAM TO THE ATTORNEY GENERAL,
JUNE 6, 1970
Hon. JOHN MITCHELL,
Attorney General,
Department of Justice,
Washington, D.C.:
The violent killings of two young men at Jackson State College on May 15 provoked serious allegations of violations of civil rights and of misconduct by law enforcement agencies. On May 24 I recommended to the President that a special Federal grand jury be empaneled to determine the facts of this case.
As you know, Governor Williams of Mississippi made a television appearance on Thursday night in which he said an investigation of the shootings showed that the police acted in self-defense.
The Governor's presentation was not a sufficient answer to the serious questions which have been raised. Indeed it raises other questions as to the thoroughness and objectivity of the investigation to which he referred.
So long as the adequacy of the investigation remains in doubt, there will be a continuing controversy over the facts. The situation requires an investigation of a kind which is consistent with a commitment to equal justice under law.
The Governor's presentation was not such as to reassure those who seek such a commitment.
Any serious investigation of alleged criminal conduct requires a dispassionate, unbiased and thorough examination of the facts in accordance with appropriate judicial standards and procedures. This has not yet been done.
The events of the last few days add to the urgency of my recommendation to the President that a Federal grand jury be empaneled to determine the facts of this case.
EDMUND S. MUSKIE.
U.S. Senator.
COPY OF TELEGRAM SENT TO THE ATTORNEY GENERAL,
JUNE 10, 1970
On two separate occasions, in telegrams to you and to the President, I have requested the empaneling of a special Federal grand jury to investigate the killings of two young men at Jackson State College on May 15. In view of the statement by Assistant Attorney General Leonard that there is not now "sufficient evidence" to lend credence to the reports of sniper fire, in view of the refusal of the Governor of Mississippi to cooperate with the Federal investigators. and in view of the refusal of the Mayor of Jackson to make public the report of his Biracial Investigating Committee, the empanelment of a special grand jury is imperative. Only decisive action on the part of the Federal government can restore the confidence of the black community in equal justice and equal protection under the law. I urge you to act now to allay the fears and doubts that are destroying that confidence.