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Civil Rights and the Law in 1940

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The same constants in American society that helped decide the status of black servicemen in the nineteenth century remained influential between the world wars, but with a significant change.[1–14] Where once the advancing fortunes of Negroes in the services depended almost exclusively on the good will of white progressives, their welfare now became the concern of a new generation of black leaders and emerging civil rights organizations. Skilled journalists in the black press and counselors and lobbyists presenting such groups as the National Association for the Advancement of Colored People (NAACP), the National Urban League, and the National Negro Congress took the lead in the fight for racial justice in the United States. They represented a black community that for the most part lacked the cohesion, political awareness, and economic strength which would characterize it in the decades to come. Nevertheless, Negroes had already become a recognizable political force in some parts of the country. Both the New Deal politicians and their opponents openly courted the black vote in the 1940 presidential election.

These politicians realized that the United States was beginning to outgrow its old racial relationships over which Jim Crow had reigned, either by law or custom, for more than fifty years. In large areas of the country where lynchings and beatings were commonplace, white supremacy had existed as a literal fact of life and death.[1–15] More insidious than the Jim Crow laws were the economic deprivation and dearth of educational opportunity associated with racial discrimination. Traditionally the last hired, first fired, Negroes suffered all the handicaps that came from unemployment and poor jobs, a condition further aggravated by the Great Depression. The "separate but equal" educational system dictated by law and the realities of black life in both urban and rural areas, north and south, had proved anything but equal and thus closed to Negroes a traditional avenue to advancement in American society.

In these circumstances, the economic and humanitarian programs of the New Deal had a special appeal for black America. Encouraged by these programs and heartened by Eleanor Roosevelt's public support of civil rights, black voters defected from their traditional allegiance to the Republican Party in overwhelming numbers. But the civil rights leaders were already aware, if the average black citizen was not, that despite having made some considerable improvements Franklin Roosevelt never, in one biographer's words, "sufficiently challenged Southern traditions of white supremacy to create problems for himself."[1–16] Negroes, in short, might benefit materially from the New Deal, but they would have to look elsewhere for advancement of their civil rights.

Men like Walter F. White of the NAACP and the National Urban League's T. Arnold Hill sought to use World War II to expand opportunities for the black American. From the start they tried to translate the idealistic sentiment for democracy stimulated by the war and expressed in the Atlantic Charter into widespread support for civil rights in the United States. At the same time, in sharp contrast to many of their World War I predecessors, they placed a price on black support for the war effort: no longer could the White House expect this sizable minority to submit to injustice and yet close ranks with other Americans to defeat a common enemy. It was readily apparent to the Negro, if not to his white supporter or his enemy, that winning equality at home was just as important as advancing the cause of freedom abroad. As George S. Schuyler, a widely quoted black columnist, put it: "If nothing more comes out of this emergency than the widespread understanding among white leaders that the Negro's loyalty is conditional, we shall not have suffered in vain."[1–17] The NAACP spelled out the challenge even more clearly in its monthly publication, The Crisis, which declared itself "sorry for brutality, blood, and death among the peoples of Europe, just as we were sorry for China and Ethiopia. But the hysterical cries of the preachers of democracy for Europe leave us cold. We want democracy in Alabama, Arkansas, in Mississippi and Michigan, in the District of Columbia—in the Senate of the United States."[1–18]

This sentiment crystallized in the black press's Double V campaign, a call for simultaneous victories over Jim Crow at home and fascism abroad. Nor was the Double V campaign limited to a small group of civil rights spokesmen; rather, it reflected a new mood that, as Myrdal pointed out, was permeating all classes of black society.[1–19] The quickening of the black masses in the cause of equal treatment and opportunity in the pre-World War II period and the willingness of Negroes to adopt a more militant course to achieve this end might well mark the beginning of the modern civil rights movement.


Integration in the Army of 1888.

The Army Band at Fort Duchesne, Utah, composed of soldiers from the black 9th Cavalry and the white 21st Infantry.

Historian Lee Finkle has suggested that the militancy advocated by most of the civil rights leaders in the World War II era was merely a rhetorical device; that for the most part they sought to avoid violence over segregation, concentrating as before on traditional methods of protest.[1–20] This reliance on traditional methods was apparent when the leaders tried to focus the new sentiment among Negroes on two war-related goals: equality of treatment in the armed forces and equality of job opportunity in the expanding defense industries. In 1938 the Pittsburgh Courier, the largest and one of the most influential of the nation's black papers, called upon the President to open the services to Negroes and organized the Committee for Negro Participation in the National Defense Program. These moves led to an extensive lobbying effort that in time spread to many other newspapers and local civil rights groups. The black press and its satellites also attracted the support of several national organizations that were promoting preparedness for war, and these groups, in turn, began to demand equal treatment and opportunity in the armed forces.[1–21]

The government began to respond to these pressures before the United States entered World War II. At the urging of the White House the Army announced plans for the mobilization of Negroes, and Congress amended several mobilization measures to define and increase the military training opportunities for Negroes.[1–22] The most important of these legislative amendments in terms of influence on future race relations in the United States were made to the Selective Service Act of 1940. The matter of race played only a small part in the debate on this highly controversial legislation, but during congressional hearings on the bill black spokesmen testified on discrimination against Negroes in the services.[1–23] These witnesses concluded that if the draft law did not provide specific guarantees against it, discrimination would prevail.


Gunner's Gang on the USS Maine.

A majority in both houses of Congress seemed to agree. During floor debate on the Selective Service Act, Senator Robert F. Wagner of New York proposed an amendment to guarantee to Negroes and other racial minorities the privilege of voluntary enlistment in the armed forces. He sought in this fashion to correct evils described some ten days earlier by Rayford W. Logan, chairman of the Committee for Negro Participation in the National Defense, in testimony before the House Committee on Military Affairs. The Wagner proposal triggered critical comments and questions. Senators John H. Overton and Allen J. Ellender of Louisiana viewed the Wagner amendment as a step toward "mixed" units. Overton, Ellender, and Senator Lister Hill of Alabama proposed that the matter should be "left to the Army." Hill also attacked the amendment because it would allow the enlistment of Japanese-Americans, some of whom he claimed were not loyal to the United States.[1–24]


General Pershing, AEF Commander, Inspects Troops

of the 802d (Colored) Pioneer Regiment in France, 1918.

No filibuster was attempted, and the Wagner amendment passed the Senate easily, 53 to 21. It provided

that any person between the ages of eighteen and thirty-five regardless of race or color shall be afforded an opportunity voluntarily to enlist and be inducted into the land and naval forces (including aviation units) of the United States for the training and service prescribed in subsection (b), if he is acceptable to the land or naval forces for such training and service.[1–25]

The Wagner amendment was aimed at volunteers for military service. Congressman Hamilton Fish, also of New York, later introduced a similar measure in the House aimed at draftees. The Fish amendment passed the House by a margin of 121 to 99 and emerged intact from the House-Senate conference. The law finally read that in the selection and training of men and execution of the law "there shall be no discrimination against any person on account of race or color."[1–26]


Heroes of the 369th Infantry.

Winners of the Croix de Guerre arrive in New York Harbor, February 1919.

The Fish amendment had little immediate impact upon the services' racial patterns. As long as official policy permitted separate draft calls for blacks and whites and the officially held definition of discrimination neatly excluded segregation—and both went unchallenged in the courts—segregation would remain entrenched in the armed forces. Indeed, the rigidly segregated services, their ranks swollen by the draft, were a particular frustration to the civil rights forces because they were introducing some black citizens to racial discrimination more pervasive than any they had ever endured in civilian life. Moreover, as the services continued to open bases throughout the country, they actually spread federally sponsored segregation into areas where it had never before existed with the force of law. In the long run, however, the 1940 draft law and subsequent draft legislation had a strong influence on the armed forces' racial policies. They created a climate in which progress could be made toward integration within the services. Although not apparent in 1940, the pressure of a draft-induced flood of black conscripts was to be a principal factor in the separate decisions of the Army, Navy, and Marine Corps to integrate their units.

Integration of the Armed Forces, 1940-1965

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