Mr. IRWIN. I was apprised that the unpledged southern electors were meeting in Mississippi to choose their candidates.

I wired the Governor of Mississippi that I believed sufficient votes available to elect a coalition ticket of Byrd-Goldwater.

It was comforting to me and, perhaps, presumptive, that the unpledged electors agreed to support Senator Byrd for President and declined to name a Vice President at that time.

On December 15 I wired each Republican elector as follows:

We must rise above false morals and petty politics. In the West Point tradition of duty, honor, country, there is never conflict. Poll indicates Kennedy 240, Nixon 28, conservative coalition 270. You must vote Byrd-Goldwater. The only written reply I received was from Albuquerque, N. Mex.: My vote is Byrd, President and Goldwater, Vice President.

Mrs. EARL L. MOULTON, Elector.

Prior to the election of the electoral college, it should be noted that although the State of Georgia went Democratic, that after Mr. Kennedy was nominated, the voters, by referendum, overwhelmingly voted to free their electors, and should they vote for Mr. Kennedy they would be going against a mandate of the citizens of Georgia. This they did December 15.

On this date the electors of Oklahoma had agreed to and did caucus in Bartlesville to consider the following resolution:

In view of the impossibility of electing Richard M. Nixon, President, and considering the fact that Senator Kennedy failed to obtain a majority of the popular vote cast, and in addition to the feeling that the Democratic platform and control of the Government by Socialist Labor bosses is a threat to our Republic, and because the success of a compromise conservative coalition appeared likely, the Oklahoma presidential electors met to consider their constitutional duty in choosing the next President of the United States.

After due consideration, we, the Oklahoma presidential electors, do hereby call on the National Republican Party leadership, each national committeeman and each State chairman, collectively and individually, to issue a public statement releasing their electors from any feeling of moral obligation to vote for the Republican nominee.

And, further, we call on all Democratic presidential electors, who fear for the future of our Republic under Socialist Labor bosses, to join with us in electing a conservative coalition President and Vice President.

And, further, we call on all presidential electors to discharge their duty to our country by voting for the conservative Coalition ticket of Harry F. Byrd for President and Barry Goldwater for Vice President.

I had previously determined by telephone that the resolution would carry. After caucus the following news release was issued:

The Oklahoma presidential electors, meeting in a minority, agreed to adjourn and reconvene in Oklahoma City at the call of the State chairman for the purpose of caucusing prior to the vote on Monday.

December 16: About the 8th of December the leaders of the Louisiana Legislature decided to call a meeting of the Southern Governors and southern Democratic presidential electors to discuss the election situation. The object was to force concessions from Mr. Kennedy in his presence, which he was unable to make, thereby freeing the electors to support the conservative coalition of Senators Byrd and Gold

water.

The Louisiana Legislature was to pass a resolution issuing the call on the 12th of December, and the call was to have been for Friday, December 16, 3 days before the electors were to meet. I had been

assured that there were sufficient votes in the legislature to pass this resolution.

The source of that information is a letter dated December 30 from R. Lea Harris which I would propose to insert.

Senator KEFAUVER. Let it be made a part of the record at this point. (The document referred to is as follows:)

Re RESURRECTION OF ELECTORAL COLLEGE: (1) FUTURE PLANS (1964);
(2) POSTMORTEM (1960)

MONTGOMERY, ALA., December 30, 1960.

To the Many Friends of This Movement:

First, I wish to thank all the many wonderful people from all sections of America who worked and offered their assistance for this possible coalition movement. It is truly refreshing to know that there are so many citizens who would unselfishly work for the best interests of their country. Please consider this a personal letter in reply to your communications.

Important.-Let me assure each of you that your communication with me, either by letter or telephone, will be kept in the strictest confidence, as some may, for business or political reasons, prefer not to be known working for a coalition ticket or the elevation of the electoral college to its rightful position in the Constitution.

The world will never know exactly how close the southern electors came to upsetting Mr. Kennedy's election.

POSTMORTEM

You are entitled to know some of the inner workings of this "tug of war" for the southern electoral votes prior to December 19. So far as the public knows, not much was done, but in private there was a mass of activity by long-distance telephone, political maneuvers, and the like.

Louisiana. The key to the whole election lay completely in the hands of the Louisiana Legislature and Governor Davis, for if the Legislature of Louisiana, under the present circumstances and turmoil in New Orleans, had called this southwide meeting in Baton Rouge of presidential electors and southern Governors, it would have been political suicide for the southern Governors to have refused to attend. I was in direct contact with influential members of the Louisiana Legislature. About the 8th of December, the leaders of the Louisiana Legislature decided to call this southwide meeting of southern Governors and presidential electors to discuss politics in general. The Louisiana Legislature was to pass a resolution issuing the call on the 12th of December, and the call was to have been for Friday, December 16, 3 days before the electoral college was to meet. I asked them if they had the sufficient votes in the legislature to pass this resolution and they replied that they had more than enough. However. between the 8th and the 12th, there was "a sharp reversal" in the legislature Had the legislature proceeded to call this southwide meeting, southern Governors such as Alabama's Patterson, Georgia's Vandiver, South Carolina's Hollings, North Carolina's Hodges, Arkansas' Faubus, and Texas' Daniels would have had no alternative but to accept this invitation to meet and talk. With even half this delegation at the meeting, Senator Kennedy would have had no alternative but to have attended or forfeit his victory in the electoral college. Had he come, Kennedy would have had to agree to (1) eliminate the present sizable foreign aid we presently give to the Communist economy; (2) adhere to the spirit of the 10th amendment; (3) appoint one of these southern Governors Attorney General.

This southwide meeting could have changed the entire course of the election regardless of what was later done in Illinois or Texas. From all the reports I had from Louisiana, on Thursday, December 8, I was supremely confident that this meeting would materialize and I further knew that from the interest in the Southern States, this meeting would unquestionably be a great success, and I was making my plans to go to Baton Rouge. My fine friends in Louisiana and I were keenly disappointed when the "reversal" took place. I do not know the reason for the reversal and probably will never know. If any deals or compromises were made with Mr. Kennedy, I feel these compromises would be more effective if they had been announced to the public.

It should be a matter of interest to know that the Citizens Council, which carries a strong political influence in the South, was already working on a southwide basis to support such a southwide meeting and to utilize their influence if necessary for a coalition ticket or if the election had been thrown into the House.

However, for those who wanted concessions from Mr. Kennedy or wanted to deny Mr. Kennedy the election, it should be noted that despite the keen loss inflicted with the “reversal” in Louisiana, the fight was by no means over as the circumstances in either of two large States could put victory beyond Kennedy's reach. There were still enough southern votes which were supposedly in Kennedy's column that were willing to switch if they could have seen success. In addition, we could have obtained three northern Democratic electors, north of Maryland, and several others were flirting with the idea.

Texas (lawsuit determines election.)—The Republicans in Texas filed a lawsuit in the Federal Court in front of Judge Connally, the son of former U.S. Senator, Tom Connally. Judge Connally granted a temporary restraining order against the certification of the 24 Texas Democratic electors and set further hearings for December 12. It may be hard for some to realize it, but actually the electoral victory of the presidency of the United States was determined by the decision of Judge Connally. Judge Connally decided to lift his restraining order which, had he ruled otherwise, would have been sufficient to cause a mass uprising of presidential electors in the South to block Kennedy. John B. Connally was recently appointed Secretary of the Navy. It is my understanding that both John B. and Judge Connally were close friends of Senator Lyndon B. Johnson.

Illinois (ruling of canvassing board determines election).—The "mystery" of the Illinois situation is still unsolved as to what happened among the many conflicting claims. Was there fraud in Cook County or was there not? Senator Morton, heading the Republican campaign committee, made very forceful statements concerning the evidences of fraud in Cook County. This writer personally contacted by telephone various Republicans in Cook County and these gentlemen satisfied my mind that there were many irregularities and evidences of fraud. From these reports, I could not possibly believe the Republicans would certify the Democratic electors. In order to assure the Republicans that the next President of the United States hinged upon their decision, a southerner flew up to Springfield and had a meeting in Governor Stratford's office approximately a week before the canvassing board was to meet. This southernor left Governor Stratford's office convinced that the certification of the Democratic electors would not be made. As my efforts were directed toward "placing the South in a position of balance of power," I personally took it upon myself to see that the Republicans in Illinois were properly notified of the southern situation, so they knew that Kennedy's victory hinged upon their decision. One of my Republican friends later telephoned me long distance from the North 4 days before the board met and told me we had lost our battle. The Republicandominated board was going to approve the tabulation and that he had discovered a plot where the Republicans thought it was smart politics to go along with the certification of the Democratic electors. By the board's decision, the evidences of fraud charges were wiped away and the Democrats cleared, which leaves the Republican charges out on a long limb, or else the board condoned the fraud, which is just as bad.

Northern Democrats.-There were some northern liberal Democrats who also liked the idea of resurrecting the electoral college, but for a different purpose and wanted to use this idea to deny Lyndon Johnson the North's Democratic votes to get the vice-presidency and substituted Senator Paul Douglas; however, they did not have time to get properly organized.

Nixon has plurality over Kennedy (error in counting).-Based upon an Associated Press report and also a Newsweek report, the Kennedy popular vote figures was a plurality over Mr. Nixon by about 111,000 votes. Both reports cited their basis for the independent vote and neither report included any popular votes which the six States' Rights Democrats received in Alabama. These six States Rights Democrats ran on a pledge openly opposed to Mr. Kennedy and they later voted for Senator Byrd. Although they ran on the Democratic ticket with five "loyalist" Democrats, all the Democrats of varying degrees knew they were voting for anti-Kennedy Democrats. The popular vote of these six individuals obviously should not be placed in the Kennedy column, but placed in the independent column of voting tabulations. It should be apparent that

six-elevenths of Alabama's 320,000 Democratic vote, which is approximately 162,000 should properly be placed in the independent column, thus leaving Mr. Nixon with approximately a 51,000 plurality over Senator Kennedy.

FUTURE PLANS (1964)

Many, many interested citizens wrote me from all sections of America, from New England to California and Alaska, offering to help in this movement. We have a sizable list of well wishers, which I will keep; in fact, enough that if only a portion of them will get busy and start making their plans to become electors 4 years from now, we can definitely control the policies of the Government in 1964, or they may proceed, if the majority desires, to appoint the President that year. We are now organized with this long list of well wishers and definitely have the number of strategically located persons to make our influence in national affairs felt the next time. Just know the right people so that you may be selected in which ever way your State selects its electors. The pay for this office is small so few desire to be electors. Generally, in most States, you may be an elector merely by so requesting if you know any State party leaders. What we expect to gain by such a movement is the elimination of foreign aid to the Communist economy and to cause the Federal Government to recognize the 10th amendment to the Constitution.

For those of you who did not notice your local newspaper, Mr. Henry Irwin of Bartlesville, Okla., voted for a coalition ticket, voting for Senator Byrd, Democrat, for President, and Senator Barry Goldwater, Republican, as Vice President. Mr. Irwin took his otherwise worthless vote for Mr. Nixon and by so voting, educated millions of Americans to the office of presidential elector, not only to the legal rights but the moral obligations that an elector has under and to the U.S. Constitution, to act according to his judgment and the best of his belief in the highest duty to his country. Mr. Irwin's courageous action is to be most highly commended. Possibly the majority of the electoral college will follow his leadership in 1964.

A NEW ERA IN AMERICAN POLITICS

The nationwide television debates ushered in a new era in national American politics. This procedure places the two candidates on an even plane, and it is my belief that it was the television debates which brought about this phenomenal even election. Ever since this Nation was formed, there have been the economic liberals and the economic conservatives which have basically been evenly divided since the beginning of the American history. It is my belief that with this new television procedure that, henceforth and from now on, all the forthcoming presidential elections will be much closer than they have ever been in the past, especially since the American economy is over its boom-burst economic days.

SPECULATION AND RUMOR

From prominent men in both the Democratic and Republican Parties, certain guesses have been passed to me. Obviously it is impossible to even make good speculations for possibilities 4 years from now, but here are some educated guesses I pass on to you.

(1) That Kennedy is going to utilize his influence to defeat Governor Rockefeller of New York for reelection in order to eliminate Rockefeller from being the presidential candidate for the Republican Party in 1964.

(2) That if Rockefeller receives the Republican presidential nomination in 1964, a good bet for his running mate for Vice President is Mark Hatfield. (3) Should Senator Goldwater receive the nomination, a good bet for Goldwater's running mate may be Congressman Walter Judd of Minnesota.

(4) There is no real friendship between Senators Kennedy and Johnson and that 4 years from now when Kennedy is renominated, he will select another running mate in Johnson's place, and a good bet for this is former Governor Mennen Williams. It might be worthy to note that on the first term, President Roosevelt picked Mr. Garner of Texas for his running mate, but later when he was in complete command of the party, replaced him with someone more to his liking. Four years from now. Johnson will not be in the Senate and if he is replaced, will not be in a position to interfere with Kennedy's Senate program. Please continue to write and let me know your ideas and desire to help. Now that this rush is over, I will have the time to answer your individual letters.

Again, many thanks to so many wonderful people who unselfishly gave of their time. Sincerely yours,

LEA HARRIS.

P.S.-I think it is best at this time that we do not publicly discuss this plan as it may disturb the major parties and they may make our success more difficult. L. H. Mr. IRWIN. I do not know all of the States in which the electors caucused before the voting. California electors tried to get Mr. Nixon himself to release the electors.

The Kansas electors agreed to caucus. The Oklahoma electors agreed to caucus. The Washington, South Dakota, Oregon, New Mexico, Utah, and Iowa electors agreed.

In the event the Baton Rouge meeting resulted in the support of the coalition by the conservative southern electors, these and many other States would have voted for the conservative coalition. That was the status on Monday morning, December 19; and we all know the results.

I have pointed out how near the coalition came to success. I believe the coalition failed because of the evils I described in my first remarks. I cannot recognize the possibility of Congress providing us with a remedy for these evils, certainly not by mere change in the electoral college system. The electoral college is the last institution of a republic remaining in our Constitution.

I say if there be those who wish to change our electoral college system, let the Supreme Court do it. They will meet with greater success than the Congress.

I have this additional material which was demanded of me by this committee: a pamphlet setting forth the obligations of the electors and the constitutional and the United States Code provisions of the law governing the electors, which was published by the U.S. Printing Office, Office of the Federal Register, National Archives and Records Service, General Services Administration.

Senator KEFAUVER. We already have that in the record, so we won't put this one in.

Mr. IRWIN. The copy of of the subpena which you might not wish. I have a letter from the Governor

Senator KEFAUVER. A copy of the subpena will be put in the record at the beginning of your testimony with the telegrams and correspond

ence.

Mr. IRWIN. I have a letter from the Governor of Oklahoma setting forth the law concerning the electors and the electoral college.

Senator KEFAUVER. Do you wish to make that a part of the record? Mr. IRWIN. Only to this extent, I might say that, in part, reading from the law:

That each elector shall receive for every mile of travel and going to the seat of government as provided herein, and returning to his place of residence, 10 cents to be paid on the warrant of the auditor out of any money in the treasury not otherwise appropriated.

I have petitioned the Governor for reimbursement of my expenses, to no avail.

Senator KEFAUVER. In other words, you went to Oklahoma CityMr. IRWIN. To exercise my duty as an elector. I have attempted to get reimbursement as provided by law, to no avail, That amount is approximately $85, sir.