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

Published online by Cambridge University Press:  05 October 2018

Kirstine Taylor
Kirstine Taylor*
Affiliation:
Ohio University
*
Email: [email protected]
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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.

Type
Research Article
Information
Studies in American Political Development , Volume 32 , Issue 2 , October 2018 , pp. 292 - 322
Copyright
Copyright © Cambridge University Press 2018 

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Footnotes

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.

References

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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)Google Scholar.

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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.

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

38. Murakawa, The First Civil Right, 3.

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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): 95Google Scholar. 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.”

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

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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.

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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.

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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)Google Scholar.

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)Google Scholar.

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), 315Google Scholar.

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), 492–95Google Scholar.

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), 173Google Scholar.

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), 101Google Scholar.

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), 458Google Scholar.

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), 621–22Google Scholar.

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), 24Google Scholar.

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), 669Google Scholar.

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)Google Scholar.

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), 85–86Google Scholar.

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), viGoogle Scholar.

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), 307–17Google Scholar.

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), 326Google Scholar.

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.