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Sunbelt Capitalism, Civil Rights, and the Development of Carceral Policy in North Carolina, 1954–1970

  • Kirstine Taylor (a1)

Abstract

This article investigates an important yet poorly understood aspect of the origins of the U.S. carceral state. Many explanations attribute the rise of mass incarceration to the conservative tide in American politics beginning in the late 1960s: “tough on crime” policies advanced by southern Democrats and Republicans, white backlash against black civil rights, and the law-and-order politics of Nixon's “Southern Strategy.” But in focusing on conservatives, prevailing theories have ignored how the changing economic and political landscape of the post-WWII South shaped how policymakers thought about crime. This article examines how key elements of the carceral state emerged in the rapidly growing, metropolitan, and business-minded Sunbelt South between 1954 and 1970, using North Carolina as a test case. Drawing on a variety of archival sources, it unearths how moderate southern politicians with material links to extra-regional sources of capital, political links to northern liberal elites, and ideological links to postwar liberalism pioneered state-level carceral policy. It argues that the swift development of crime policy in midcentury North Carolina was the product of how the state's moderate elites chose to govern the emerging Sunbelt economy in the wake of Brown v. Board of Education and the civil rights movement. The problems of rampant civil disorder, racial extremism, and lawlessness, they argued, threatened the economic progress of North Carolina and required the implementation of strong yet race-neutral crime policy. This study offers an analysis of how the Sunbelt South, in shedding Jim Crow and entering the national political and economic mainstream, came to help spearhead the carceral turn in American politics.

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Acknowledgments: I am grateful to Naomi Murakawa, Michael McCann, Megan Ming Francis, Jack Turner, and Daniel HoSang for their guidance in crafting this project from its earliest stages. Susan Burgess, Daniel Moak, Nicole Kaufman, and Sarah Cate provided helpful comments, encouragement, and advice on revisions. I especially thank Mark Golub, who read and offered indispensable feedback on multiple drafts. This article benefitted greatly from the guidance of the editors of Studies in American Political Development, the close reading and comments by two anonymous reviewers, and suggestions offered at the Western Political Science Association and the Politics of Race, Immigration, and Ethnicity Consortium. Finally, I thank the archivists and librarians at University of North Carolina's Wilson Library, the North Carolina State Archives, and the North Carolina Legislative Library, without whom this research could not have taken place.

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1. Danielle Kaeble and Lauren Glaze, “Correctional Populations in the United States, 2015,” Bureau of Justice Statistics (December 2016). https://www.bjs.gov/content/pub/pdf/cpus15.pdf.

2. On the concept of shifts in governing authority, see Orren, Karen and Skowronek, Stephen, The Search for American Political Development (New York: Cambridge University Press, 2004). The carceral state is “the far-reaching and growing range of penal punishments and controls that lies in the never-never land between the prison gate and full citizenship”—that is, the enormous complex of prisons, jails, immigrant detention centers, probation, parole, law enforcement, drug courts, and community service that sprouted into existence in the United States in the last decades of the twentieth century. Gottschalk, Marie, Caught: The Prison State and the Lockdown of American Politics (Princeton, NJ: Princeton University Press, 2014), 1. See also Fortner, Michael Javen, “The Carceral State and the Crucible of Black Politics: An Urban History of the Rockefeller Drug Laws,” Studies in American Political Development 27, no. 1 (April 2013): 1435. While the United States has long used incarceration as a form of punishment, it is only in the last fifty years that imprisonment has achieved mass proportions and become deeply intertwined with other aspects of democratic governance (such as welfare, social services, and education) to become a significant and relatively new source of governing authority in the United States. See especially Beckett, Katherine and Western, Bruce, “Governing Social Marginality: Welfare, Incarceration and the Transformation of State Policy” in Mass Imprisonment: Social Causes and Consequences, ed. Garland, David (London: SAGE, 2001); Garland, David, The Culture of Control: Crime and Social Order in Contemporary Society (Chicago: University of Chicago Press, 2001); Hinton, Elizabeth, From the War on Poverty to the War on Crime: The Making of Mass Incarceration (Cambridge, MA: Harvard University Press, 2016); Gilliom, John, Overseers of the Poor: Surveillance, Resistance, and the Limits of Privacy (Chicago: University of Chicago Press, 2001); Kohler-Hausmann, Julilly, “Guns and Butter: The Welfare State, the Carceral State and the Politics of Exclusion in the Postwar United States,” Journal of American History 102, no. 1 (June 2015): 8799; Prager, Devah, Marked: Race, Crime, and Finding Work in an Era of Mass Incarceration (Chicago: University of Chicago Press, 2007).

3. Scholarship that advances this complex of arguments is robust and includes Beckett, Katherine, Making Crime Pay: Law and Order in Contemporary American Politics (New York: Oxford University Press, 1999); Carter, Dan T., The Politics of Rage: George Wallace, the Origins of Conservatism, and the Transformation of American Politics (New York: Simon & Schuster, 1995); Flamm, Michael, Law and Order: Street Crime, Civil Unrest, and the Crisis of Liberalism in the 1960s (New York: Columbia University Press, 2005); Scheingold, Stuart A., The Politics of Law and Order: Street Crime and Public Policy (New York: Longman, 1984); Simon, Jonathan, Governing Through Crime: How the War on Crime Transformed American Democracy and Created a Culture of Fear (New York: Oxford University Press, 2007); Soss, Joe, Fording, Richard C., and Schram, Sanford E., Disciplining the Poor: Neoliberal Paternalism and the Persistent Power of Race (Chicago: University of Chicago Press, 2011); Tonry, Michael, Punishing Race: A Continuing American Dilemma (New York: Oxford University Press, 2012); Wacquant, Loïc, Punishing the Poor: The Neoliberal Government of Social Insecurity (Durham, NC: Duke University Press, 2009); Weaver, Vesla, “Frontlash: Race and the Development of Punitive Crime Policy,” Studies in American Political Development 21 (Fall 2007): 230–65.

4. Alexander, Michelle, The New Jim Crow: Mass Incarceration in the Age of Colorblindness (New York: New Press, 2012).

5. Chafe, William, Civilities and Civil Rights: Greensboro, North Carolina and the Black Struggle for Freedom (New York: Oxford University Press, 1980).

6. Pfaff, John F., “The Empirics of Prison Growth: A Critical Review and a Path Forward,” Journal of Criminology 98, no. 2 (Winter 2008): 551.

7. I borrow the phrase “white authoritarian rule” from Mickey, Robert, Paths Out of Dixie: The Democratization of Authoritarian Enclaves in America's Deep South 1944-1972 (Princeton, NJ: Princeton University Press, 2015). See also Johnson, Kimberly S., Reforming Jim Crow: Southern Politics and State in the Age before Brown (New York: Oxford University Press, 2010).

8. I designate “early” development because carceral policy continued to expand after 1970. In this article I attend only to developments of initial carceral growth in the post-WWII decades (1954–1970) and not to later developments in state-level carceral policy.

9. Murakawa, Naomi, The First Civil Right: How Liberals Built Prison America (New York: Oxford University Press, 2014). More broadly on racial liberalism, see especially Chen, Anthony, The Fifth Freedom: Jobs, Politics, and Civil Rights in the United States, 1941–1972 (Princeton, NJ: Princeton University Press, 2009); Dawson, Michael C., Blacks In and Out of the Left (Cambridge, MA: Harvard University Press, 2013); Lani Guinier, “From Racial Liberalism to Racial Literacy: Brown v. Board and the Interest-Divergence Dilemma,” Journal of American History (June 2004): 92–118; HoSang, Daniel Martinez, Racial Propositions: Ballot Initiatives and the Making of Postwar California (Berkeley: University of California Press, 2010); Lowndes, Joseph E., From the New Deal to the New Right: Race and the Southern Origins of Modern Conservatism (New Haven, CT: Yale University Press, 2008).

10. Coined by Virginia Senator Harry F. Byrd and popular primarily in Deep South states, the massive resistance movement was so called because it sought to resist even the minutest implementation of Brown v. Board of Education. Massive resistance encompassed various legal means of resisting desegregation including interposition laws (which claimed the right of an individual state to oppose the Supreme Court's decision), nullification laws (which sought to “nullify” federal laws an individual state deemed unconstitutional), and school closure laws (which shut down a state's public school system rather than integrate it). Moderate school policies, which formally complied with Brown but sought to severely limit desegregation, stood in strategic and ideological contrast to the massive resistance movement. On the relationship between the massive resistance movement and moderate school policy, see especially Golub, Mark, “Remembering Massive Resistance to School Desegregation,” Law and History Review 31, no. 3 (August 2013): 491530; Lassiter, Matthew and Lewis, Andrew, eds., The Moderates’ Dilemma: Massive Resistance to School Desegregation in Virginia (Charlottesville: University of Virginia Press, 1998); Walker, Anders, The Ghost of Jim Crow: How Southern Moderates Used Brown v. Board of Education to Stall Civil Rights (New York: Oxford University Press, 2009).

11. Gilmore, Ruth Wilson, Golden Gulag: Prisons, Surplus, Crisis and Opposition in Globalizing California (Berkeley: University of California Press, 2007); Wacquant, Punishing the Poor; Wacquant, Loïc, “From Slavery to Mass Incarceration,” New Left Review 13 (January-February 2002): 4160; Gottschalk, Caught. See also Camp, Jordan T., Incarcerating the Crisis: Freedom Struggles and the Rise of the Neoliberal State (Berkeley: University of California Press, 2017); Dillon, Stephen, Fugitive Life: The Queer Politics of the Prison State (Durham, NC: Duke University Press, 2018); Prager, Marked.

12. Cobb, James and Stueck, William W. Jr., eds., Globalization and the American South (Athens: University of Georgia Press, 2005); Lassiter, Matthew, The Silent Majority: Suburban Politics in the Sunbelt South (Princeton, NJ: Princeton University Press, 2006); Shermer, Elizabeth Tandy, Sunbelt Capitalism: Phoenix and the Transformation of American Politics (Philadelphia: University of Pennsylvania Press, 2013); Schulman, Bruce J., From Cotton Belt to Sunbelt: Federal Policy, Economic Development, and the Transformation of the South, 1938–1980 (Durham, NC: Duke University Press, 1994).

13. Murakawa, The First Civil Right, 69; Hinton, From the War on Poverty to the War on Crime.

14. Francis, Megan Ming, “The Strange Fruit of American Political Development,” Politics, Groups and Identities 6, no. 1 (January 2018): 128–37.

15. Gilmore's Golden Gulag is the leading exception.

16. Pfaff, John F., Locked In: The True Causes of Mass Incarceration and How to Achieve Real Reform (New York: Basic Books, 2017), 13.

17. Divisions between moderate and conservative factions characterized many southern states. For instance, Georgia boasted the preeminent Sunbelt city of Atlanta, but the state's political elite, dependent on the county unit system, consistently moved to protect the economic and political interests of conservative rural areas well into the 1960s. See Mickey, Paths Out of Dixie. And, though Mississippi was a predominantly massive resistance state, the governor, James P. Coleman (in office 1956–1960), was a moderate who called interposition laws “legal poppycock.” James P. Coleman, “Oral History with the Honorable J. P. Coleman, Former Governor of Mississippi and Chief Judge (Ret.), the U.S. Court of Appeals for the Fifth Circuit” (Hattiesburg: Center for Oral and Cultural History, University of Southern Mississippi), 126.

18. Georgia's education commission, for instance, consciously drew on North Carolina's example when its own massive resistance school policies met their end there in 1961. Roche, Jeff, Restructured Resistance: The Sibley Commission and the Politics of Desegregation in Georgia (Athens: University of Georgia Press, 1998).

19. Calvin Trillin, “Reflections: Remembrance of Moderates Past,” The New Yorker, March 21, 1977, 85.

20. Schulman, From Cotton Belt to Sunbelt; Hall, Jacquelyn Dowd, Leloudis, James, Korstad, Robert, Murphy, Mary, Jones, Lu Ann, and Daly, Christopher B., Like a Family: The Making of a Southern Cotton Mill World (Chapel Hill: North Carolina University Press, 1987); Key, V. O. Jr., Southern Politics in State and Nation (Knoxville: University of Tennessee Press, [1949] 1984).

21. Mickey, Paths Out of Dixie; Lassiter, The Silent Majority; Kruse, Kevin M., White Flight: Atlanta and the Making of Modern Conservatism (Princeton, NJ: Princeton University Press, 2007); McGirr, Lisa, Suburban Warriors: The Origins of the New American Right (Princeton, NJ: Princeton University Press 2002); Crespino, Joseph, Strom Thurmond's America (New York: Hill and Wang, 2012); Jacoway, Elizabeth and Colburn, David, eds., Southern Businessmen and Desegregation (Baton Rouge: Louisiana State University Press, 1982).

22. Lassiter, The Silent Majority; Sugrue, Thomas, The Origins of the Urban Crisis Race and Inequality in Postwar Detroit (Princeton, NJ: Princeton University Press, 1997); Kenneth T. Jackson, Crabgrass Frontier: The Suburbanization of the United States; Self, Robert O., Race and the Struggle for Postwar Oakland (Princeton, NJ: Princeton University Press, 2005).

23. Lassiter, The Silent Majority, 11.

24. Woodward, C. Vann, Origins of the New South, 1877–1913: The History of the South (Baton Rouge: Louisiana State University Press, 1951).

25. Hodges, Luther Hartwell, Businessman in the Statehouse: Six Years as Governor of North Carolina (Chapel Hill: University of North Carolina Press, 1962), 30.

26. Cobb, James C., The Selling of the South: The Southern Crusade for Industrial Development 1936-1980 (Baton Rouge: Louisiana State University, 1982), 123–30; “North Carolina Draws Industry,” New York Times, July 4, 1956. North Carolina was one of the first states to enact, in 1947, a right-to-work law. Other states that enacted in 1947 include Georgia, Arizona, Nebraska, Tennessee, and Virginia. See National Conference of State Legislatures, http://www.ncsl.org/research/labor-and-employment/right-to-work-laws-and-bills.aspx. With regard to suppression of labor strikes, consider, for instance, Hodges's (citing the need to preserve “law and order”) use of state troops to help break the Textile Workers Union strike at two textile mills in Harriet and Henderson in November 1958, see Hodges, Businessman in the Statehouse, 224–50.

27. On the development of the Triangle Research Park, see Hodges, Businessman in the Statehouse; “Big Research Center in North Carolina Will Be Developed by New York Man,” New York Times, September 11, 1957.

28. Quoted in Cobb, The Selling of the South, 78.

29. Members of the United States Congress, “Declaration of Constitutional Principles” (The Southern Manifesto), March 11, 1956.

30. Quoted in “Mississippi Offers ‘Anything’ to Industry,” New York Times, April 19, 1957, 29. On Coleman's role as a figure of moderate southern politics, see Walker, The Ghost of Jim Crow.

31. Wallace Carroll, “The Price of Turmoil: An Appraisal of the Impact of School Clash on South's Quest for Industry Risks Peace,” New York Times, October 3, 1957.

32. Scheingold, The Politics of Law and Order.

33. Gottschalk, Marie, The Prison and the Gallows: The Politics of Mass Incarceration (New York: Cambridge University Press, 2006). Two indispensable texts on historically prior relationships of race and respect for “law” are Hartman, Saidiya V., Scenes of Subjection: Terror, Slavery, and Self-Making in Nineteenth Century America (New York: Oxford University Press, 1997); Muhammad, Khalil Gibran, The Condemnation of Blackness: Race, Crime, and the Making of Modern America (Cambridge, MA: Harvard University Press, 2011).

34. Muhammad, The Condemnation of Blackness.

35. Weaver, “Frontlash,” 241.

36. Harry McMullan to Thomas Pearsall, September 23, 1954 (University of North Carolina, Pearsall Papers, series 1, box 1, folder 7).

37. Murakawa, The First Civil Right, especially chap. 1. On racial liberalism more broadly, see note 9.

38. Murakawa, The First Civil Right, 3.

39. Taylor, Kirstine, “Untimely Subjects: White Trash and the Making of Racial Innocence in the Postwar South,” American Quarterly 67, no. 1 (March 2015): 5579.

40. Murakawa, The First Civil Right, 9. Perhaps the preeminent example of this argument is the influential Moynihan Report, which argued that, discrimination, poverty, and the breakdown of “the Negro family” produced a “tangle of pathology” that contributed to increased delinquency and crime in black communities. Moynihan, Daniel Patrick, The Negro Family: The Case for National Action (Washington, DC: Office of Policy Planning and Research, U.S. Department of Labor, 1965).

41. Hinton, From the War on Poverty to the War on Crime, 3.

42. Mickey, Paths Out of Dixie, 177.

43. “History of the Integration Situation in North Carolina,” interview with Luther Hodges, Thomas Pearsall, Paul A. Johnston, Robert E. Giles, and E. L. Rankin Jr., September 3, 1960 (UNC Wilson Library, Thomas Pearsall Papers, series 1, box 1, folder 18), 2.

44. “Time for the Golden Mean,” Greensboro Daily News, May 31, 1954.

45. “Constitution Ruined, Says Georgia Governor,” Durham Morning Herald, May 18, 1954, 1.

46. Harry McMullan to Thomas Pearsall, September 23, 1954 (University of North Carolina, Pearsall Papers, series 1, box 1, folder 7).

47. Luther Hodges, Budget and Biennial Message, January 6, 1955 (University of North Carolina, Wilson Library, Luther Hodges Papers [hereinafter Hodges Papers], series 4.2, box 172, folder 2058).

48. Thomas Pearsall, Report of the North Carolina Advisory Committee on Education, April 5, 1956 (UNC Wilson Library, Thomas Pearsall Papers, series 1, box 1, folder 13), 3.

49. 1955 Pupil Assignment Bill, Section 3 (University of North Carolina, Wilson Library, Pearsall Papers, series 1, box 1, folder 12).

50. Thomas Pearsall, “Report of the North Carolina Advisory Committee on Education,” April 5, 1956, 3 (University of North Carolina, Wilson Library, Pearsall Papers, series 1, box 1, folder 13).

51. Luther Hodges, Speech before Annual Farm and Home Week, June 22, 1955 (Hodges Papers, series 4.2, box 172, folder 2058).

52. Luther Hodges, Speech on Statewide Television, August 8, 1955 (Hodges Papers, series 4.2, box 172, folder 2058). Emphasis in original.

53. Luther Hodges, Speech before Annual Meeting of the Southern Society, January 20, 1956 (Hodges Papers, series 4.2, box 172, folder 2059).

54. Hodges, Speech on Statewide Television, August 8, 1955 (Hodges Papers, series 4.2, box 172, folder 2058).

55. Ibid.

56. Ibid.

57. “Negro Pupils Enter Tennessee School,” New York Times, August 27, 1956.

58. John Popham, “Tennessee Is Hit by New Violence on Segregation,” New York Times, September 4, 1956.

59. Luther Hodges, Speech before North Carolina Advisory Committee on Education, April 5, 1956 (Hodges Papers, series 4.2, box 172, folder 2060).

60. Luther Hodges, Excerpts from Address on Behalf of the Public School Amendment, September 4, 1956 (Hodges Papers, series 4.2, box 172, folder 2062).

61. Quoted in Charles Dunn, An Exercise of Choice: North Carolina's Approach to the Segregation-Integration Crisis in Public Education (master's thesis, University of North Carolina, 1959, 120–121), Emory University Manuscript, Archives, and Rare Book Library (Thomas Pearsall Papers, series 3, folder 45), 146.

62. Ibid., 147–48.

63. Ibid., 149.

64. Luther Hodges, Address at Joint Meeting of Hamilton Lakes Civitan Club, September 13, 1957 (Hodges Papers, series 4.2, box 172, folder 2067).

65. Lassiter, The Silent Majority. The Pearsall Plan was very effective in maintaining high levels of segregation in schools: In 1964, Louisiana (0.6 percent) and Virginia (1.6 percent), both massive resistance states, had slightly higher percentages of black students attending previously white schools than North Carolina (0.5 percent). See Douglas, Davison M., “The Rhetoric of Moderation: Desegregating the South the Decade after Brown,” Northwestern University Law Review 89 (1993): 95. The NAACP, despite filing more cases challenging school segregation in North Carolina in the 1950s than in any other state (a strategic result of the 1955 Pupil Assignment policy), would not be successful in striking down moderate school legislation until the following decade. See Roche, Restructured Resistance.

66. “A Southern Reconnaissance,” New York Times, enclosed in letter, Holt McPherson to Thomas Pearsall, November 4, 1954 (University of North Carolina, Wilson Library, Pearsall Papers, series 1, box 1, folder 7).

67. Hodges, Businessman in the Statehouse, 107.

68. Ibid., 108.

69. On the damage done to the economy of Arkansas after the Little Rock Nine crisis, see Cobb, The Selling of the South; “North Carolina Draws Industry.”

70. Welty, Jeff, “Overcriminalization in North Carolina,” North Carolina Law Review 92, no. 6 (2014): 19352026.

71. The expansion of Chapter 14 between 1951 and 1969 also exceeds the previous decade, in which only 23 sections were added. Welty, “Overcriminalization.”

72. Cunningham, David, Klansville U.S.A.: The Rise and Fall of the Civil Rights-Era Ku Klux Klan (New York: Oxford University Press, 2013), 4.

73. Ibid.

74. Members of the Lumbee tribe launched the attack after James “Catfish” Cole and fellow Klansmen burned crosses on the front lawns of two Lumbee families in January 1958. Despite both sides being armed, nobody was seriously injured or killed. For a detailed account of the Lumbee attack, see Lowery, Malina Maynor, Lumbee Indians in the Jim Crow South: Race, Identity, and the Making of a Nation (Chapel Hill: University of North Carolina Press, 2010), 250–59.

75. Quoted in Lowery, Lumbee Indians in the Jim Crow South, 253.

76. H.B. 1188 (1959) enacted special punishments for arson of public buildings; S.B. 23 (1959) made it unlawful to use a false bomb; H.B. 158 (1959) made it unlawful to use profane or threatening language over the phone; and H.B. 468 (1959) increased punishments for the possession of explosives. North Carolina Session Laws and Resolutions Passed by the General Assembly, 1956–1957, http://digital.ncdcr.gov.

77. S.B. 179, enactment of G.S. 14-30.1, An Act to Make It Unlawful to Maliciously Throw Corrosive Acids or Alkalies (enacted May 3, 1963), N.C. Sess. Laws 1963–1965; H.B. 1043, amendment to G.S. 14-60, An Act to Amend Chapter 14 of the General Statues Relating to the Burning of Schoolhouses (enacted June 8, 1965), N.C. Sess. Laws 1963–1965; H.B. 51, enactment of G.S. 14-49.1, Willful Damage of Occupied Property (enacted May 9, 1967), N.C. Sess. Laws 1967.

78. Sanford, Terry, “Denouncing Actions of the Ku Klux Klan as Illegal” (June 24, 1963), in Messages, Address, and Public Papers of Terry Sanford, ed. Mitchell, Memory F. (Raleigh, NC: State Department of Archives and History, 1966), 623.

79. Ibid.

80. Cunningham, Klansville U.S.A.

81. “H.B. 149 (1967) Enactment of G.S. 14-12.14(a), An Act to Amend Article 4A of Chapter 14 of the General Statutes Relating to Secret Societies and Activities, Enacted May 18, 1967,” in State of North Carolina Session Laws 1965–1967 (Winston-Salem: Winston Printing Company, 1967), 533–34.

82. Williams, Robert F., Negroes with Guns (Detroit, MI: Wayne State University Press, 1962); Cunningham, Klansville U.S.A; Tyson, Timothy B., Radio Free Dixie: Robert F. Williams and the Roots of Black Power (Chapel Hill: University of North Carolina Press, 2011).

83. Daniel K. Moore, “On Racial Unrest” (September 2, 1965), in Messages, Addresses, and Public Papers of Daniel Killian Moore 1965–1969, ed. Mitchell, Memory F. (Raleigh, NC: State Department of Archives and History, 1971), 322.

84. Claude Sitton, “Negro Sitdowns Stir Fear of Wider Unrest in South,” The New York Times, February 15, 1960, 1.

85. Quoted in Chafe, Civilities and Civil Rights, 86.

86. Quoted in Sitton, “Negro Sitdowns Stir Fear,” 18; Chafe, Civilities and Civil Rights, 86.

87. Malcolm Seawell, “Statement of Attorney General Malcolm Seawell” (February 10, 1960), State Library of North Carolina, North Carolina Digital Collections, Luther Hodges Governor's Papers, http://digital.ncdcr.gov/cdm/ref/collection/p16062coll17/id/334 (accessed February 27, 2018).

88. “Draft Open Letter,” The New York Times, February 16, 1960, 18.

89. H.B. 1311, An Act to amend G.S. 14-134, Relating to Trespass on Land after Being Forbidden (enacted June 21, 1963), N.C. Sess. Laws 1963–1967, 1436.

90. Sanford, Terry, “Statement to Negro Leaders Meeting at the Capitol” (June 25, 1963), in Messages, Address, and Public Papers of Terry Sanford, ed. Mitchell, Memory F. (Raleigh, NC: State Department of Archives and History, 1966), 664.

91. Ibid.

92. Bell, Derrick, Race, Racism, and American Law (Boston: Little, Brown, 1973); Barkan, Stephen, “Legal Control of the Civil Rights Movement,” American Sociological Review 49, no. 4 (1984): 552–65

93. Barkan, “Legal Control of the Civil Rights Movement,” 554.

94. S.B. 492, G.S. 14.12.12, An Act Authorizing Counties and Municipalities to Levy Taxes to Meet the Expenses of Suppressing Riots or Insurrections (enacted May 18, 1959), N.C. Sess. Laws, 533–54.

95. H.B. 563, enactment of G.S. 14-132, Demonstrations or Assemblies of Persons Kneeling or Lying Down in Public Buildings Prohibited (enacted June 17, 1965), N.C. Sess. Laws 1965.

96. H.B. 134, amendment to G.S. 14-132.1 (enacted June 9, 1969), N.C. Sess. Laws 1969.

97. H.B. 802, An Act to Restrict the Presence of Certain Persons on the Campuses of State-Supported Institutions of Higher Learning and to Regulate the Use of Sound-Amplifying Equipment (enacted June 16, 1969), N.C. Sess. Laws 1969.

98. H.B. 321, An Act to Revise and Clarify the Law Relating to Riots and Civil Disorders (enacted June 19, 1969), N.C. Sess. Laws 1969.

99. North Carolina Session Laws and Resolutions Passed by the General Assembly, 1969 (Raleigh, NC: Over Print House, 1969).

100. Sanford, Terry, “Report to the People Over State-Wide Radio and Television Networks” (Raleigh, NC, January 4, 1965), in Messages, Address, and Public Papers of Terry Sanford, ed. Mitchell, Memory F. (Raleigh, NC: State Department of Archives and History, 1966), 482.

101. Sanford, , “Inaugural Address,” in Messages, Address, and Public Papers of Terry Sanford, ed. Mitchell, Memory F. (Raleigh, NC: State Department of Archives and History, 1966), 8.

102. Milkis, Sidney and Mileur, Jerome, eds., The Great Society and the High Tide of Liberalism (Amherst: University of Massachusetts Press, 2005).

103. Gilbert, James, A Cycle of Outrage: America's Reaction to the Juvenile Delinquent in the 1950s (New York: Oxford University Press, 1986); Lindquist, Melinda Alaine, Race, Social Science, and the Crisis of Manhood, 1890–1970: We Are the Supermen (New York: Routledge, 2012); Barnosky, Jason, The Violent Years: Responses to Juvenile Crime in the 1950s and 1990s (Providence, RI: Brown University Press, 2004); Gottschalk, The Prison and the Gallows.

104. J. Edgar Hoover, “The Crime Wave We Now Face,” The New York Times, April 21, 1946, 26.

105. “Junior Crime Wave,” The New York Times, December 26, 1952, 14.

106. Hodges, Luther, “Remarks Before Sixty-Seventh Dinner and Annual Meeting, Asheville Young Men's Christian Association” (Asheville, NC, March 23, 1956), in Public Papers of Luther Hartwell Hodges, Governor of North Carolina, 1954–1961, vol. I, ed. Patton, James Welch (Raleigh: Council of State, State of North Carolina), 298; Hodges, Luther, “Address Before Combined Meeting of Parent-Teacher Associations of Cabarrus County” (Concord, NC, April 20, 1956), in Public Papers of Luther Hartwell Hodges, Governor of North Carolina, 1954–1961, vol. I, ed. Patton, James Welch (Raleigh: Council of State, State of North Carolina), 332.

107. Luther Hodges, “Report to the People of North Carolina after One Year as Governor” (statewide radio-television network, November 30, 1955), Public Papers of Luther Hartwell Hodges, Governor of North Carolina, 1954–1961, vol. I, ed. Patton, James Welch (Raleigh: Council of State, State of North Carolina), 261.

108. S.B. 335, An Act to Create a Youth Services Board and Proscribe Its Duties (enacted May 11, 1955), N.C. Sess. Laws 1955, 904.

109. Hodges, Luther, “Biennial Message to the General Assembly” (Raleigh, NC, February 11, 1957), in Public Papers of Luther Hartwell Hodges, Governor of North Carolina, 1954–1961, vol. II, ed. Patton, James Welch (Raleigh: Council of State, State of North Carolina), 30.

110. J. Edgar Hoover as quoted in Hodges, Luther, “Address at Region Six, Boy Scouts of America Annual Banquet” (Atlanta, GA, April 12, 1960), in Public Papers of Luther Hartwell Hodges, Governor of North Carolina, 1954–1961, vol. III, ed. Patton, James Welch (Raleigh: Council of State, State of North Carolina), 379.

111. Juvenile Delinquency and Youth Offenses Control Act, Pub. L. No. 87-274 (1961), sect. 2, 572.

112. Ibid.

113. Hinton, From the War on Poverty to the War on Crime, 33.

114. Ibid., 30.

115. North Carolina Good Neighbor Council, “Foreword: Statements by Governor Terry Sanford” (January 18, 1963), in North Carolina Good Neighbor Program: A Description of Activities by the State Council and Suggestions for Local Councils (Raleigh: North Carolina Good Neighbor Council, 1963).

116. North Carolina Good Neighbor Council, North Carolina Good Neighbor Program: A Description of Activities by the State Council and Suggestions for Local Councils (Raleigh: North Carolina Good Neighbor Council, 1963).

117. North Carolina Good Neighbor Council, “Foreword: Statements by Governor Terry Sanford.”

118. Chafe, Civilities and Civil Rights, 106.

119. For example, see Williams, Negroes with Guns.

120. Sanford, Terry, “First Institute for Parole Board Members” (February 11, 1964), in Messages, Address, and Public Papers of Terry Sanford, ed. Mitchell, Memory F. (Raleigh, NC: State Department of Archives and History, 1966), 315.

121. Ibid.

122. Ibid.

123. Ibid., 313.

124. Ibid.

125. Ibid., 314.

126. Ibid., 317.

127. Ibid., 312.

128. Ibid., 313.

129. Ibid., 312.

130. Ibid., 313.

131. H.B. 484, An Act to Establish the North Carolina Department of Local Affairs, N.C. Sess. Laws 1969; see also, Moore, Daniel K., “Year-End Report to the People of North Carolina” (December 29, 1967), in Messages, Addresses, and Public Papers of Daniel Killian Moore 1965–1969, ed. Mitchell, Memory F. (Raleigh, NC: State Department of Archives and History for the Council of State, 1971), 492–95.

132. Moore, Daniel K., “Spring Convention of North Carolina Association of Broadcasters” (Nags Head, NC, June 16, 1965), in Messages, Addresses, and Public Papers of Daniel Killian Moore 1965–1969, ed. Mitchell, Memory F. (Raleigh, NC: State Department of Archives and History for the Council of State, 1971), 173.

133. Moore, Daniel K., “Budget Message to the General Assembly” (February 13, 1967), in Messages, Addresses, and Public Papers of Daniel Killian Moore 1965–1969, ed. Mitchell, Memory F. (Raleigh, NC: State Department of Archives and History for the Council of State, 1971), 101.

134. Moore, “Year-End Report to the People of North Carolina,” 492.

135. Moore, Daniel K., “Conference on Crime and Corrections in North Carolina” (Raleigh, NC, January 26, 1968), in Messages, Addresses, and Public Papers of Daniel Killian Moore 1965–1969, ed. Mitchell, Memory F. (Raleigh, NC: State Department of Archives and History for the Council of State, 1971), 458.

136. S.B. 19, An Act to Make Appropriations for Current Operations of the State Departments, Institutions, and Agencies and for Other Purposes, N.C. Sess. Laws 1965–1967, 1627.

137. Terry Sanford, “Budget Message of Governor Terry Sanford to the North Carolina General Assembly,” Journal of the House of Representatives of the General Assembly of North Carolina, Session 1961, 27.

138. H.B. 321, N.C. Sess. Laws 1969; S.B. 168 (enacted June 23, 1969), N.C. Sess. Laws; S.B. 504, An Act to Establish the Police Information Network in the Department of Justice and to Make an Appropriation Therefore (enacted July 2, 1969), N.C. Sess. Laws 1969; H.B. 484, An Act to Establish the North Carolina Department of Local Affairs (enacted June 30, 1969), N.C. Sess. Laws 1969, 1326.

139. Other state law enforcement officials included personnel with Reserve Militia of North Carolina, Alcoholic Beverage Control, Wildlife Protection Division, and designated officers of License and Safety Inspection Division of the Office of Motor Vehicles.

140. Mickey, Paths Out of Dixie, 206. Governor's Committee on Law and Order, “The Assessment of Crime and the Criminal Justice System in North Carolina” (study report, North Carolina Legislative Library, Raleigh, June 1969), 95.

141. Mickey, Paths Out of Dixie, 207.

142. Williams, Negroes with Guns, 11. In fact, upon Williams's own suggestion, he was escorted home by an officer of the State Highway Patrol, presumably because he recognized that an escort would be necessary to escape a mob of violent white counter-protesters and because he recognized that the state officer, rather than the local sheriff, would be more likely to guarantee his personal safety. Williams, Negroes with Guns, 12.

143. Luther Hodges, “Speech before the Annual North Carolina Sheriffs Association Convention” (Asheville, NC, August 4, 1956), 2 (Hodges Papers, series 4.2, box 172, folder 2062). Hodges campaigned at length for the Pearsall Plan in this speech.

144. Hodges, “Speech before the Annual North Carolina Sheriffs Association Convention.”

145. H.B. 281, An Act to Extend the Power of Arrest to Officers and Men of Units of the National Guard in Certain Emergencies (enacted May 6, 1959), N.C. Sess. Laws 1959, 430.

146. H.B. 91 (enacted April 7, 1959), N.C. Sess. Laws 1959, 250.

147. H.B. 948 (enacted June 21, 1963), N.C. Sess. Laws; H.B. 924 (enacted June 19, 1963), N.C. Sess. Laws; S.B. 571 (enacted June 25, 1963), N.C. Sess. Laws; H.B. 615 (enacted July 1, 1965) N.C. Sess. Laws 1965; H.B. 19, G.S. 74A-1 (enacted April 22, 1965), N.C. Sess. Laws 1965.

148. S.B. 52, G.S. 74A-2 (enacted June 9, 1965), N.C. Sess. Laws 1965.

149. S.B. 461 G.S. 114-15 (enacted June 2, 1965), N.C. Sess. Laws 1965; H.B. 1046 amends S.B. 114-4 (enacted June 14, 1965) N.C. Sess. Laws 1965.

150. Hodges, Businessman in the Statehouse, 122.

151. Moore, Daniel K., “On Maintenance of Law and Order at the Beginning of the School Year” (August 26, 1965), in Messages, Addresses, and Public Papers of Daniel Killian Moore 1965–1969, ed. Mitchell, Memory F. (Raleigh, NC: State Department of Archives and History for the Council of State, 1971), 621–22.

152. Moore, Daniel K., “Inaugural Address” (Raleigh, January 8, 1965), in Messages, Addresses, and Public Papers of Daniel Killian Moore 1965–1969, ed. Mitchell, Memory F. (Raleigh, NC: State Department of Archives and History for the Council of State, 1971), 24.

153. Moore, Daniel K., “On Law Enforcement Training” (January 8, 1968), in Messages, Addresses, and Public Papers of Daniel Killian Moore 1965–1969, ed. Mitchell, Memory F. (Raleigh, NC: State Department of Archives and History for the Council of State, 1971), 669.

154. Ibid.

155. Ibid., 670.

156. Ibid., 671.

157. Lyndon B. Johnson, “Special Message to Congress on Law Enforcement and the Administration of Justice” (Washington, DC, March 8, 1965).

158. Nicholas Katzenbach, “Statement of Ho. Nicholas deB. Katzenbach, Attorney General of the United States,” Hearings before a Subcommittee of the Committee on the Judiciary of the United States Senate, 89th Congress (1965), 6.

159. See Sam J. Ervin's exchange with Nicholas Katzenbach, Hearings Before a Subcommittee of the Committee on the Judiciary of the United States Senate, 89th Congress (1965), 10–11.

160. Foreword to President's Commission on Law Enforcement and the Administration of Justice, The Challenge of Crime in a Free Society: A Report by the President's Commission on Law Enforcement and Administration of Justice (Washington, DC: United States Government Printing Office, February 1967).

161. For an in-depth analysis of the Katzenbach Report's impact on national crime policy, specifically the Omnibus Crime Control and Safe Streets Act of 1968, see Chapter 3 in Murakawa, The First Civil Right.

162. Foreword, The Challenge of Crime in a Free Society.

163. Ibid., 6. Emphasis in original.

164. Hinton, From the War on Poverty to the War on Crime.

165. The Challenge of Crime in a Free Society, viii.

166. Ibid., 100.

167. Ibid., 104.

168. Ibid., 123.

169. S.B. 36, An Act to Create the Governor's Committee on Law and Order, (enacted March 21, 1967), N.C. Sess. Laws 1967. Moore, Daniel K., “Legislative Message to the General Assembly” (February 9, 1967), in Messages, Addresses, and Public Papers of Daniel Killian Moore 1965–1969, ed. Mitchell, Memory F. (Raleigh, NC: State Department of Archives and History, 1971), 8586.

170. S.B. 36 (1969), N.C. Sess. Laws 1969.

171. Governor's Committee on Law and Order, “The Assessment of Crime and the Criminal Justice System in North Carolina,” 84.

172. Ibid., 87.

173. Ibid., 104.

174. Ibid.

175. Ibid., 108.

176. Governor's Committee on Law and Order, “A Guide to Local Law Enforcement Planning” (study report, North Carolina Legislative Library, Raleigh, May 1969); Governor's Committee on Law and Order, “North Carolina Police Information Network” (study report, North Carolina Legislative Library, Raleigh, June 1969).

177. Governor's Committee on Law and Order, “North Carolina Police Information Network,” v–vi.

178. S.B. 504, An Act to Establish the Police Information Network in the Department of Justice and to Make an Appropriation Therefore (enacted July 2, 1969), N.C. Sess. Laws 1969.

179. Scott, Robert W. and Clement, Charles E., Proposed Legislation Relating the Riots and Civil Disorders: Report and Commentary of the North Carolina Governor's Committee on Law and Order (Raleigh, NC: Institute of Government, University of North Carolina, 1969), vi.

180. Ibid., 2.

181. Moore, Daniel K., “Statewide Meeting on Law and Order” (Raleigh, NC, September 16, 1966), in Messages, Addresses, and Public Papers of Daniel Killian Moore 1965–1969, ed. Mitchell, Memory F. (Raleigh, NC: State Department of Archives and History, 1971), 307–17.

182. Moore, Daniel K., “Special Report to the People” (statewide radio network, December 23, 1966), in Messages, Addresses, and Public Papers of Daniel Killian Moore 1965–1969, ed. Mitchell, Memory F. (Raleigh, NC: State Department of Archives and History for the Council of State, 1971), 326.

183. Milkis and Mileur, The Great Society and the High Tide of Liberalism; Dawson, Blacks In and Out of the Left.

184. Two indispensable primers on the civil rights movement in North Carolina are Williams, Negroes w2ith Guns (1962); Chafe, Civilities and Civil Rights.

Acknowledgments: I am grateful to Naomi Murakawa, Michael McCann, Megan Ming Francis, Jack Turner, and Daniel HoSang for their guidance in crafting this project from its earliest stages. Susan Burgess, Daniel Moak, Nicole Kaufman, and Sarah Cate provided helpful comments, encouragement, and advice on revisions. I especially thank Mark Golub, who read and offered indispensable feedback on multiple drafts. This article benefitted greatly from the guidance of the editors of Studies in American Political Development, the close reading and comments by two anonymous reviewers, and suggestions offered at the Western Political Science Association and the Politics of Race, Immigration, and Ethnicity Consortium. Finally, I thank the archivists and librarians at University of North Carolina's Wilson Library, the North Carolina State Archives, and the North Carolina Legislative Library, without whom this research could not have taken place.

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Studies in American Political Development
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