Critics also discussed the directive in terms of military efficiency. The secretary had given the commanders a new mission, Senator John Stennis of Mississippi noted, that "can only be detrimental to military tradition, discipline, and morale." Elaborating on this idea, Congressman L. Mendel Rivers of South Carolina predicted that the new policy would destroy the merit promotion system. Henceforth, Rivers forecast, advancement would depend on acceptance of integration; henceforth, racial quotas would "take the place of competence for purposes of promotion." Others were alarmed at the prospect of civil rights advisers on duty at each base and outside the regular chain of command. This outrage, Congressman H. R. Gross of Iowa charged, "would create the biggest army of snoopers and informers that the military has ever heard of."

Some legislators saw sinister things afoot in the Pentagon. Senator Herman E. Talmadge of Georgia thought he recognized a return to the military districting of Reconstruction days, and Congressman F. Edward Hebert of Louisiana warned that "everybody should be prepared for the midnight knock on the door." Congressman Otto E. Passman of Louisiana thought it most likely that Attorney General Kennedy was behind the whole thing; "a tragic state of affairs," he said, if the Justice Department was directing "the missions of the Military Establishment." Congressman Hebert found yet another villain in the piece. Adam Yarmolinsky, whom he incorrectly identified as the author of the McNamara directive, had, Hebert accused, "one objective in mind—with an almost sataniclike zeal—the forced integration of every facet of the American way of life, using the full power of the Department of Defense to bring about this change."[21-73] In line with these suspicions, some legislators reported that the secretary's new civil rights deputy, Alfred B. Fitt, was circulating among southern segregationist businessmen with, in Senator Barry M. Goldwater's words, "a dossier gleaned from Internal Revenue reports." Senator Stennis suspected that the Secretary of Defense had come under the influence of "obscure men," and he warned against their revolutionary strategy: "It had been apparent for some time that the more extreme exponents of revolutionary civil rights action have wanted to use the military in a posture of leadership to bring about desegregation outside the boundaries of military bases."[21-74]

The congressional critics had a strategy of their own. They would try to persuade McNamara to rescind or modify his directive, and, failing that, they would try to change the new defense policy by law. Senators Goldwater, J. William Fulbright of Arkansas, and Robert C. Byrd of West Virginia, along with some of their constituents, debated with McNamara while no less than the chairman of the House Armed Services Committee, Carl Vinson of Georgia, introduced a bill aimed at outlawing all integration activity by military officers.[21-75] Their campaign came to naught because the new policy had its own supporters in Congress,[21-76] and the great public outcry against the directive, so ardently courted by its congressional opponents, failed to materialize. Judging by the press, the public showed little interest in the Gesell Committee's report and comment on the secretary's directive was regional, with much of it coming from the southern press. Certainly the effect of the directive could not compare with the furor set off by the Truman order in 1948.

The attitude of the press merely underscored a fact already obvious to many politicians on Capitol Hill in 1963—equal opportunity in the armed forces had dwindled to the status of a minor issue in the greater civil rights struggle engulfing the nation. The media reaction also suggested that prolonged attacks against the committee and the directive were for hometown consumption and not a serious effort to reverse policy. In effect a last hurrah for the congressional opponents of integration in the armed forces, the attacks failed to budge the Secretary of Defense and marked the end of serious congressional attempts to influence armed forces racial policy.[21-77] The threat of congressional opposition, at times real and sometimes imagined, had discouraged progressive racial policies in the Department of Defense for over a quarter of a century. Its abrupt and public demise robbed the traditionalists in the Department of Defense of a cherished excuse for inaction.

The Gesell Committee: Final Report

While the argument over the McNamara directive raged, the Gesell Committee worked quietly if intermittently on the final segment of its investigation, the status of blacks stationed overseas and in the National Guard. President Kennedy's death in November 1963 introduced an element of uncertainty in a group serving at the pleasure of the Chief Executive. Special Presidential Counsel Lee C. White arranged for Gesell to meet with President Lyndon B. Johnson, and Gesell offered to disband the committee if Johnson wished. The President left it in being. As Gesell later observed: "The committee felt that Johnson understood us and our work in a way better than Kennedy who had no clear idea on how to go with the race issue. We had no trouble with Johnson who could have stopped us if he wanted."[21-78]

The committee's operations became even more informal in this final stage. Its investigations completed, its staff dissolved, and its members (now one man short with the resignation of Nathaniel Colley) scattered, the committee operated out of Gesell's law office. He was almost exclusively responsible for its final report.[21-79] This informality masked the protracted negotiations that the committee conducted with the National Guard Bureau over the persistent exclusion of Negroes. It also masked the solid investigation by individual committee members and the voluminous evidence gathered by the staff in support of the group's final report.

These investigations and the documentary evidence again confirmed the findings of the Civil Rights Commission, although the Gesell Committee's emphasis was different. It dismissed the problem of assignment of Negroes to overseas stations. The percentage of Negroes, both officers and men, sent overseas approximated their percentage in the continental United States, and with rare and "understandable" exceptions—it cited South Africa—overseas assignments in the armed forces were made routinely without regard for race.[21-80] The committee also quickly dismissed the problem of discrimination on overseas bases, which it considered "minimal," and as in the United States chiefly the result of poor communication between commanders and men. The group concentrated instead on discrimination off base, especially in Germany. Back from a firsthand look in April 1964, Benjamin Muse reported that local American commanders seemed unwilling to take the matter seriously, but he considered it delicate and complex, principally because prejudice had been most often introduced by American servicemen. He suggested that off-limits sanctions should also be imposed in Germany but "only after consultation and on a basis of mutual understanding with German municipal authorities."[21-81]

The committee wanted the recommendations on off-base discrimination contained in its initial report also applied overseas. Ignoring the oft made distinction about the guest status of overseas service, it wanted the Department of State enlisted in a campaign against discrimination in public accommodations, including the use of off-limits sanctions when necessary. The committee also called for a continuing review to insure equal opportunity in assignments to attache and mission positions.

The committee devoted the largest portion of its final report to the National Guard, "the only branch of the Armed Forces," it told President Johnson, "which has not been fully integrated."[21-82] Chairman Gesell later reported that when the segregated state guards were pressured they "resisted like hell."[21-83] This resistance had a political dimension, but when Attorney General Kennedy chided that "you are killing us with the Guard," Gesell replied that the committee took orders from the President and would ignore the political problems involved. Nevertheless, before the committee issued its report Gesell sent the portions on the National Guard to the Justice Department for comment, as one justice official noted, "apparently ... in the hope that its recommendation will not prove embarrassing to the administration."[21-84]