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tutional duty to select the best man according to his conscience to be President. If an elector has mistakenly taken a pledge contrary thereto, he must resolve this conflict himself.

As I have stated, my position is to place the South in the position that New York has held for over 100 years, that is the position of balance of power. Often it has been said the South has no place to go. Well, here is a definite plan for such a meeting could accomplish much and should our request be denied, the South has a definite place to go-a coalition ticket. The situation is now reversed, the northern Democrats have no place to go. Our Nation will greatly benefit as this will place a break on the ultraliberal forces. In order to put strength in the South's new position, I am doing all I can to line up a ticket of Allen Shivers, Democrat, former Governor of Texas, and Senator Barry Goldwater, States' Righter Republican, Arizona, just in case.

We are making rapid headway on both sides of the political fence. In fact, we have Republicans all the way from New England to California and Alaska working diligently to place this coalition ticket into being.

A growing number of both southern Democrats and Republican electors desire to raise the office of elector to a significant position and utilize this system of checks and balances. Groups of citizens are being organized in the South to discuss this matter with electors. It appears now there are a number of southern Democratic electors who are "less liberal" and conservative, plus those concerned over the erupting racial situation in New Orleans and else where will see fit to exercise the influence of their important office. There is also a growing feeling among southern electors that since the Kennedy family interceded in the Atlanta Courts of Martin Luther King, that Kennedy should do likewise for the State of Louisiana in New Orleans. (Kennedy refused to see a delegation from the Louisiana legislature.)

Based upon the above facts, I would not be surprised when December 19 rolls around, that the most votes Senator Kennedy can muster may only be approximately 200 (not including Texas possibility).

Of the date of this letter, I fully expect a southwide meeting to be callednot by me, but by others in influential positions of leadership.

Mr. Elector, you are urged to discuss with your friends the great power of the office you occupy, especially in the light of world conditions and the tension in our own country.

Respectfully yours,

LEA HARRIS.

P.S.-I have noticed certain newspaper reports discounting the possibilities of this meeting and the results therefrom. It is my belief that such reports are definitely politically inspired-and from weakness.

(The following are enclosures to the letter of November 28, 1960:)

NOTE

Your communication was truly greatly appreciated. Please forgive this type of reply, but the volume of mail received makes this necessary. I will write you a personal letter at a later date.

It should be noted that the votes of the States' Rights Democrats added to the votes of the Republicans is a majority over that of Mr. Kennedy, in other words, if there is a mandate from the people, the mandate is for the coalition ticket, not for Mr. Kennedy. This movement is to make it possible to cause the public mandate, although slim, to be reflected in the electoral college.

With the wide experience of Mr. Nixon in foreign affairs, I feel that he would make a fine Secretary of State, with a resulting positive and firm foreign policy. It should be noted that under the vacillating foreign policy such as that of Mr. Atcheson's, the free world lost China to the Iron Curtain, and this loss could have indirectly brought on the Korean war. Can we afford any more sizable losses of the free world to the Iron Curtain?

Political parties exist for the welfare of the country and must act accordingly. Should a Shivers for President, Goldwater for Vice President succeed. I will wholeheartedly endorse Mr. Nixon for Secretary of State. We strongly urge you to help Mr. Nixon be in a position to formulate foreign policy, but not simply criticize it.

This movement is spreading like a prairie fire. For the sake of a firm and constant foreign policy, let's join hands for America and let's make this movement

succeed so Mr. Nixon can be Secretary of State, and to this end you are strongly encouraged to contact your presidential electors and urge them to vote for Mr. Shivers and Mr. Goldwater.

The plan is very simple. The Republican electors and also the southern Democratic electors pool their votes and both groups vote for Allen Shivers for President and then both groups vote for Barry Goldwater for Vice President. Sincerely yours,

LEA HARRIS.

MEMORANDUM No. 2

The coalition ticket of former Gov. Allen Shivers, Democrat, of Texas, and Senator Barry Goldwater, Republican, of Arizona, is obviously a compromise ticket. Much thought and consideration has gone into the selection of these two men for the ticket. In addition, some of the reasons for suggesting these men as a winning ticket are not obvious unless all the political facts were known. It should be pointed out that both of these men have the necessary character, experience, and ability, and that intangible leadership personality whereby they could fulfill their respective high positions with success, dignity, and understanding. This coalition ticket, obviously being a compromise arrangement, very likely will not be the preference of all the electors and well wishers of this effort.

It further should be noted that considering the votes for the States Rights Democrats in Mississippi and Alabama, and all the minor parties such as the Prohibition and Socialist Parties, that Senator Kennedy did not receive a majority of the popular vote and therefore has no mandate from the American people. Therefore, Senator Kennedy's only claim to the Presidency is that of the block electoral system which many think has given him the majority of the electoral votes; however it is becoming increasingly apparent that he likely does not have this electoral majority. It is believed, and for very good reasons, that events in the near future will show Kennedy does not have a majority.

It should be noted that although the State of Georgia went Democratic, that after Mr. Kennedy was nominated by the convention for President, the voters, in a referendum, overwhelmingly voted to free their electors and should they vote for Senator Kennedy now, they will be going against the mandate of the citizens of Georgia. It is my belief that with exceptions of only a couple of Southern States, the electors did not actually pledge themselves to Mr. Kennedy in the true meaning of the word "pledge." The Democratic victory in the South was one primarily of a traditional party victory and many of these electors had not previously taken a pledge to support Senator Kennedy. It further should be noted that the Constitution of the United States and the Supreme Court decision thereof interpreting the law makes it clearly the duty and obligation of the elector to vote according to his conscience and select the best man for this high office.

There are many reasons too lengthy to set out here whereby this maneuver could, in fact, strengthen a two-party system. One obviously would be equalizing the support of both parties. Is not this ticket to lead our Nation better than a ticket headed by Jack Kennedy? Many of you, no doubt, have other preferences for such a ticket, but obviously if we go at cross-purposes and different candidates, our efforts will not succeed. We must not separate and be Don Quixotes and ride off in all directions.

The Democrats control the House of Representatives and through the strong political party ties, if the election is thrown into the House, this will, in all probability, insure Mr. Kennedy's election.

Why should not the Republican electors cooperate? First, they will elect a President who is more in line with their political philosophy. Second, they will elect one of their own members as the Vice President. Third, they will set in motion a counterbalance or system of checks that will restrain the ultraliberal forces and balance off the fact that the Republican Party is the minority party. Fourth, the Republicans throughout the Nation will receive the Federal patronage except in the States with cooperating Democratic electors.

Very sincerely,

Senator KEATING. Do you know who Mr. Harris is?

LEA HARRIS.

Mr. IRWIN. I have never met Mr. Harris. I would not know him if he were standing wherever he might be. I phoned the office from which the letter was mailed and suggested that if the southern con

servative Democrats would deny this support, the Republicans would probably support a conservative coalition of Byrd and Goldwater and, with the unpledged votes, elect such a coalition. We agreed that I should solicit the Republican electors with the practical assurance that the southern conservatives would agree.

On November 10

Senator KEFAUVER. Go back a minute. I didn't understand. It was agreed that you would solicit the Republican electors. Agreed with whom?

Mr. IRWIN. The author of the letter.

Senator KEFAUVER. Mr. R. Lea Harris?

Mr. IRWIN. Yes, sir.

Senator KEFAUVER. We have another letter just for identification. He seems to be an attorney and counselor at law, 137 Lee Street, Montgomery, Ala.

Mr. IRWIN. He is one and the same; yes, sir.

Senator KEFAUVER. Did you meet him?

Mr. IRWIN. I never met with him.

Senator KEFAUVER. How did you agree then?

Mr. IRWIN. By phone, sir.

Senator KEFAUVER. You called him, or he called you?

Mr. IRWIN. I called him. I just stated I phoned the office from which the letter was mailed.

Senator KEFAUVER. And talked with Mr. Harris?

Mr. VAUGHN. A person representing himself as being Mr. Harris. Senator KEFAUVER. All right, sir.

Mr. IRWIN. We agreed. On November 10 I telephoned the national committeeman from Oklahoma and presented my plan and asked him to make a statement releasing the Oklahoma electors from any feeling of moral obligation to support Nixon.

He offered his enthusiastic support of the plan and agreed to announce that evening the release of the electors. He subsequently telephoned Mr. Leonard Hall, and while I am not aware of their discussion, the Oklahoma national committeeman withheld any such statements.

On November 20, I sent a wire to all Republican electors in effect as follows:

I am Oklahoma Republican elector. The Republican electors cannot deny the election to Kennedy. Sufficient conservative Democratic electors available to deny labor Socialist nominee. Would you consider Byrd President, Goldwater Vice President, or wire any acceptable substitute. All replies in strict confidence.

I have attempted to get copies of this and other wires and I am advised by the telegraph office as follows:

Retel. Sorry we only keep records 6 months. These messages have been destroyed. WESTERN UNION TELEGRAPH Co.

Senator KEFAUVER. I understand by that that you wired Western Union?

Mr. IRWIN. I wired Western Union asking them to provide me with copies of those wires.

Senator KEFAUVER. And that was quite recently?

Mr. IRWIN. That was subsequent to my discussions with Mr. Kirby, your chief counsel.

Senator KEFAUVER. And what is the date of the telegram fromMr. IRWIN. This wire is dated-well, there is a stamp date here. I can't recognize it in the wire itself. 3:44 p.m., eastern daylight time, July 5, 1961.

Senator KEFAUVER. As I understand it, then, the wire that you got back you didn't keep

Mr. IRWIN. Oh, yes. These are copies of wires which I sent. I asked the telegraph office to provide me with copies of the wires which I had sent. I have no copy.

Senator KEFAUVER. I thought you said you sent them to all the Republican electors.

Mr. IRWIN. That I did, sir. All of the Republican electors in the States which went Republican.

Senator KEFAUVER. Yes.

Mr. IRWIN. I sent copies to each. The telegraph office destroyed those records. I have no copies. This is in essence, as I have just read, the contents. The contents as I recall are as I have read. Senator KEFAUVER. All right, sir. You may proceed. Mr. IRWIN. "All replies in strict confidence.'

I have attempted to get copies of this wire and other wires and I have been advised by the telegraph office as follows:

Retel. destroyed.

Sorry we only keep records 6 months.

These messages have been WESTERN UNION TELEGRAPH CO.

From these replies to this last wire to the electors, which was approximately 25 percent, I projected the possibility of Republican support of the coalition in the college. I was amazed at the replies in several respects, but mainly at the ignorance of the electors as pertained to their constitutional duty.

Since I advised that these replies would be in confidence, I beg the committee to permit me to read some of the replies I received without identifying the author or the State of origin.

Senator KEFAUVER. For the time being, read some of the telegrams and we will make a further ruling about them as to whether you will identify the names.

Mr. IRWIN. These are telegrams received from electors who had previously received my wire.

Feel obligated Nixon. However, if genuine possibility exists, would consider coalition although this not pledge.

Would consider ticket of Goldwater for President Byrd for Vice President anything further contact me.

Senator KEFAUVER. At least give us the State.

Mr. IRWIN. The first wire was from the State of Kansas. The second wire was from the State of Indiana.

From the State of Utah:

Retel Byrd and Goldwater too conservative but would consider Byrd and Nixon.

Honolulu :

Oppose move which could be opening wedge for creating parties to be known as liberals and conservatives respectively and result in extinction of Republican Party as it is now known.

State of Illinois, which was in question at the moment:
Would approve Byrd and Goldwater if you get opportunity.
Senator KEFAUVER. If you get opportunity? What?

Mr. IRWIN. It says, "if you get opportunity." The wire would have to speak for itself.

Would approve Byrd and Goldwater if you get opportunity.

He might have meant if I get opportunity, which I am inclined to believe he did mean.

From Illinois:

Admire each person named by you. Am favorably inclined to agree to suggestion subject to law and consultation with other electors.

From California:

If no possible chance for Nixon-Lodge I will definite consider coalition ticket Goldwater and Byrd or Goldwater and Shivers.

From South Dakota:

As South Dakota elector am interested in your proposed coalition ticket namely Byrd and Goldwater if you have sufficient Democrat electors to go along. They all don't read as positively as that. I shall continue if you wish, or as you wish.

Senator KEFAUVER. Well, go ahead. Read them all.

Mr. IRWIN. Iowa:

Iowa rep delegates meet December 18 and I would not make any commitments until that time.

Ohio:

I am pledged to Nixon and will vote for him.

Utah:

Retel morally committed to vote Nixon appreciate your interest good luck. I have a telephone note from Iowa.

From Oregon:

Thank you for your telegram best ticket available is Nixon-Lodge.

From Ohio:

Am morally pledged to Nixon. Trust South would go along.

From Alaska:

Retel am pledged under oath impossible comply.

Kansas:

Want to work with you prefer Nixon Lodge await details.

Maine:

As a Republican elector I am committed to cast my ballot for the Republican nominee.

Arizona:

As presidential elector I am bound to follow the expressed wishes of our voters of Arizona who gave Mr. Nixon a 61,000 majority I am sorry that cannot be of assistance at this time thank you for your wire.

New Hampshire:

Contents of your wire received favorably appreciate concern electors have letter follows.

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