April 8, 1970 CONGRESSIONAL RECORD—SENATE 10769

Issue now Is approximately 99 percent

politics and 1 percent factual. This is the

second nomination we are considering

for this vacancy in a matter of months.

First, the Haynsworth nomination was

rejected. He was insensitive. Now we are

told Judge Carswell is mediocre and a

racist. But let me say, with all the

earnestness I can muster, as a junior

Member of this body, the fate of G. Harrold Carswell does not rest on the other

side of the aisle. The fate of G. Harrold

Carswell rests on this side of the aisle.

We will make the decision as our votes

will make the difference.

I would remind my Republican

friends—I quarrel with no one; I question no one's motives—but remind my

friends on this side that Richard Nixon

was elected President In November 1968,

and that with that election came the

right and duty to nominate Justices of

the Supreme Court. That right has been

once denied; perhaps soon twice denied,

we have the responsibility, as Republicans; it is our responsibility, not the responsibility of the Senator from Indiana—and I do not question his motives. Let me repeat, in conclusion if

this nomination should be rejected, I

suggest to the President of the United

States take his case to the people and

that he leave the seat vacant until November. It may be easier to change the

Senate than the U.S. Supreme Court—

in fact it may be a prerequisite.

The VICE PRESIDENT. Who yields

time

Mr. DOLE. I yield back the remainder

of my time.

Mr. MANSFIELD. Mr. President, I

respectfully request that the Sergeant

at Arms be directed to clear the Chamber

of all excess personnel, which does not

Include Representatives from the other

body, fellow parliamentarians from

France, I believe, or attaches who have

official business on the floor.

Mr. SCOTT. Mr. President, I ask unanimous consent that the attache's attached

to my office may be permitted to remain

who have business in the Chamber.

The VICE PRESIDENT. Without objection, it is so ordered.

Mr. BAYH. Mr. President, I make a

similar request relative to my staff.

The VICE PRESIDENT. Without objection, it is so ordered.

Mr. McCLELLAN. Mr. President, if

exceptions are to be made, let us have

exceptions for all the staff. I ask unanimous consent that any staff member of

any Senator who is present in the Chamber may be permitted to remain on the

floor. [Laughter.]

Mr. MANSFIELD. Mr. President, I

object.

The VICE PRESIDENT. Objection is

heard.

Pursuant to the unanimous consent

request, the Chamber will be cleared of

all unnecessary personnel, except those

mentioned in the unanimous-consent

agreement.

The Sergeant at Arms is directed to

carry out this order.

The Chair would mention to the galleries that, due to the tremendous interest in this vote, there will probably be

great attention on the part of everyone

to follow it closely. The Chair would

-678—Part 8

caution the galleries, please, to be courteous and let the vote proceed without

demonstrations.

The question is, Will the Senate advise

and consent to the nomination of Judge

G. Harrold Carswell to be an Associate

Justice of the Supreme Court of the

United States?

On this question the yeas and nays

have been ordered, and the clerk will

call the roll.

The assistant legislative clerk called

the roll.

Mr. KENNEDY. I announce that the

Senator from New Mexico (Mr. ANDERSON) is necesarily absent.

I further announce that the Senator

from Rhode Island (Mr. PELL) is absent

on official business.

On this vote, the Senator from Rhode

Island (Mr. PELL) is paired with the

Senator from Utah <Mr. BENNETT). If

present and voting, the Senator from

Rhode Island would vote "nay" and the

Senator from Utah would vote "yea."

Mr. GRIFFIN. I announce that the

Senator from Utah (Mr. BENNETT) is

absent on official business as observer at

the meeting of the Asian Development

Bank in Korea.

The Senator from South Dakota (Mr.

MUNDT) is absent because of illness and,

if present and voting, would vote "yea."

On this vote, the Senator from Utah

(Mr. BENNETT) is paired with the Senator from Rhode Island (Mr. PELL). If

present and voting, the Senator from

Utah would vote "yea" and the Senator

from Rhode Island would vote "nay."

The yeas and nays resulted—yeas 45,

nays 51, as follows:

[No. 122 Ex.]

YEAS—45

Aiken

Allen

Allen

Baker

Bellmon

Bible

Boggs

Byrd, Va.

Byrd,Va.

Cooper

Cotton

Curtis

Dole

Dominick

Eastland

Bayh

Brooke

Burdick

Cannon

Case

Church

Cook

Cranston

Dodd

Eagleton

Fong

Fulbright

Goodell

Gore

Gravel

Harris

Hart

Anderson

Bennett

Ellender

Ervin

Fannin

Goldwater

Griffin

Gurney

Hansen

Holland

Holland

Hruska

Jordan, N.C.

Jordan, Idaho

Long,

McClellan

Miller

NAYS—51

Hartke

Hatneld

Hughes

Inouye

Jackson

Javits

Kennedy

Magnuson

Mansfield

Mathias

McCarthy

McGee

McGovern

McIntyre

Metcalf

Mondale

Montoya

Murphy

Pearson

Randolph

Russell

Saxbe

Scott

Smith, III.

Sparkman

Stennis

Stevens

Talmadge

Thurmond

Tower

Williams, Del

Young, N. Da

Moss

Muskfe

Nelson

Packwood

Pastore

Percy

Prouty

Proxmire

Ribicoff

Schwelker

Smith, Maine

Spong

Symington

Tydings

Williams, N.J.

Yarborough

Young, Ohio

NOT VOTING—4

Mundt

Pell

The VICE PRESIDENT. On this question, the vote is 45 yeas and 51 nays. The

nomination is not agreed to.

[Loud demonstrations in the galleries.]

Mr. MANSFIELD. Mr. President, if

there are any further demonstrations in

the galleries, I shall ask that the galleries

be cleared.

Mr. CURTIS. Mr. President, I ask that

the galleries be cleared.

The VICE PRESIDENT. The galleries

will be cleared. The Sergeant at Arms

will enforce the order.

Mr. MANSFIELD. Mr. President, I ask

that the Chamber be cleared of all unnecessary personnel.

The VICE PRESIDENT. The Chamber

will be cleared. The Sergeant at Arms

is instructed to carry out the order. The

galleries will be cleared.

Mr. MANSFIELD. Mr. President, I ask

unanimous consent that the President be

immediately notified of the action of the

Senate.

The VICE PRESIDENT. Without objection, it is so ordered.

Mr. CURTIS. Mr. President, I suggest

that the galleries be cleared.

The VICE PRESIDENT. The Sergeant

at Arms has been instructed to clear the

galleries and the floor of all unnecessary

personnel.

Mr. MANSFIELD. Mr. President, I wish

to take this opportunity to thank each

and every Member of this body on both

sides of the aisle who contributed to the

consideration of this nomination. Those

who were in the forefront particularly

may be singled out for their forthright

and forceful presentations. I speak of

those on both sides of the issue.

Notable, for example, was the effort

of the distinguished Senator from Nebraska (Mr. HRUSKA). Clearly, he demonstrated the same strong and able advocacy on this matter that has characterized his many years of public service.

The Senator from Mississippi (Mr. EASTLAND) , the able and distinguished chairman of the committee and the rest of the

members of the Committee on the Judiciary all handled themselves in such a

manner as to assure a debate of the

highest order.

The Senator from Indiana, the Senator

from Massachusetts (Mr. BROOKE), the

Senators from Michigan (Mr. HART and

Mr. GRIFFIN) , the Senator from Kansas

(Mr. DOLE), the Senator from Florida

(Mr. GURNEY) , and many others deserve

the highest commendation of the Senate.

Their cooperative efforts were responsible

for providing such a high-level discussion. We are most grateful.

LEGISLATIVE SESSION

Mr. MANSFIELD. Mr. President, I ask

unanimous consent that the Senate go

into legislative session.

The VICE PRESIDENT. Without objection, it is so ordered.

MESSAGE FROM THE HOUSE

A message from the House of Representatives, by Mr. Bartlett, one of its

reading clerks, announced that the

House had passed the bill (S. 980) to

provide courts of the United States with

jurisdiction over contract claims against

nonappropriated fund activities of the

United States, and for other purposes,

with amendments, in which it requested

the concurrence of the Senate.

The message also announced that the

House had passed the following bills, in

which it requested the concurrence of

the Senate: