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Black Movements and Black Messiahs

Test 2, 1920 to Brown 1955

Orginizations


NAACP - by 1920 NAACP membership is 100,000 ... a fraction of all blacks, they had already begun to win some symbolic victories in court ... this was a strategy suggested by DuBois to build up and use case law as a way to overturn segregatation laws. 1915 invalidates the grandfather clause in Oklahoma in US v Guinn, Buchana v Warley in Louisville, found that Segregated housing laws was in violation of equal protection clause of 14th amendment. 1920, 75 branches, criticized as a middle class organization ... Du Bois said he had to happen. During its first 15 years, the NAACP expanded, organized, but did not have any striking accomplishments. During this time, NAACP chief critic is UNIA. NAACP ... first three executive VP were white, John R. Shillady was last white VP, when in Austin Texas, he is attacked and beaten, it is realized that it is not an advantage. James Waldon Johnson is first black Executive VP ('20 - '31). There a few symbolic victories during this time ... Nixon v Herndon ... 1927 successful challenge to Texas law the provided for a white only Democratic Party ... this is soon subverted by disbanding Texas State Democratic Party. At a 1928 National Conference to access progress since 1865 it is found that though education may be the best success story, in the future advances in education will need to be even more impressive. During depression, NAACP lost half its members, this cause problems and friction for De Bois who would ultimately leave. Walter White becomes Executive secretory in 1930, more outgoing than James Waldon Johnson, blond, blue eyes, could pass for white, use this to his advantage when in investigations. Du Bois did not get along with White ... thought he was crude, not intellectual. Because of loss of funds, Du Bois had to go through White to get funds to continue to operate "The Crisis". Because of a promised $100,000 grant from the (Charles) Garland Fund (for the support of liberal or radical causes ... and with the first $25,000 installment in hand with the expectation of receiving rest ... commissions a study of Education in South. With this funding .... NAACP hires Nathan R. Morgold ... close to Houston ... 1931 findings ... of the 17 states that had separate black / white schools ... 10 had laws that provided for equal separate schools, but did not provide them ... 7 states did not have laws at all, but still did not provide equal schools ... the 10 were in violation of their own laws ... the 7 were in violation of federal laws. Thurgood Marshall becomes legal consel and in 1935 wins first case for NAACP against University of Maryland ... state court orders admission of black student finding Maryland in violation of 14th Amendment ... In 1933, cases involving Scottsboro Boys would bring international attention and lead to a landmark decession ordering a new trial because they did not receive adequate counsel. The Margold Report sparks some tention when Houston suggests that they should pursue changing "Separate but Equal" in the courts, De Bois in against such action not, saying that it is not the time, that Blacks will continue to life in black neighborhoods, to attend black schools, and it would be better to pursue better schools than desecrated schools. Du Bois would end up leaving NAACP for 15 years. Charles H. Thompson, 1935, litigation against separate schools occurred 113 times in 29 states, 44 cases razed question of Segregate schools, and 44 times it was affirmed, even though some states operated separate schools without laws providing for it. Decided that the burden of proof is on Negro to prove that separate schools were harmful. Du Bois continues to push for first rate black schools, sounding like he is now taking BTW's position, in his lifetime, Frederick Douglas never gave up the fight. One cannot legitimize what would otherwise not be legitimate. Higher Education presented the best chance for getting a favorable judgment. No southern school had ever operated a black professional school. Missouri, a border state, is chosen, leading to the Gaines Principal which would be use in many other cases to overturn Plessy . It is a symbol of the strategy of chipping away at the absence of equality ... this strategy is effective because it was non-threatening ... over 15 years would win 24 cases using separate but equal. In 1951, there would be two major victories -- McLaurin v Oklahoma and Sweatt v Painter . The court seems to be saying that show us that seperate is not equal ... that seperate is a dissadvantage for blacks, that segragation is not equal ... and we will overturn Plessy. This starts a debate inside the NAACP ... is now the time to challange Plessy, to risk it all, go for broke. At the same time Southern states begin to see that there could be a real challange to Segration, and several states start "Catch Up" programs under governors like James Byrne and Huey Long. Marshall is leary, doesn't think he could loose, doesn't think a loss would be permenit. Up till this time, challanges have come at the highest levels of education, where the % of blacks are lowert. A decesion is made to directly challange Plessy, leading to the US Supreme Court decession on May 14, 1954 in Linda Brown v. Board of Education of Topeka, Kansas. This is by far not the end of the struggle, but it is the legal victory that the NAACP worked 40 years to obtain -- the end of legal segragation.


UNIA - Universal Negro Imporvement Association , Marcus Garvey ... form Jamaica, middle class, privileged ... at twelve looses white girl friend, has change big effect, a printer, politician, travels to London, visits with blacks from many of Europe's colonies and other freedom fighters, becomes upset that the Negro has no country of their own, home land, flag, forms Universal Negro Improvement Association . Realizes that to succeed he will need support from American blacks. Corresponds with BTW ... in 1914 in New York ... organizes UNTA local which quickly controlled by local political types ... his popularity probably led to his downfall, as he became subject to flattery. A suit charged him with mail fraud in a fund rising effort for a company that was buying ships to be use in relocating blacks to another country. Convected, sent to prison, pardoned by Wilson and deported. Went to England, the movement without its leader colapsed.

CIO - (Congress of Industrial Orginizations), John L. Lewis, president , as a labor union, it's influance growes during the depression. Unlike the AFL, its organizes all workers into one union (not by craft). It actively recruits black workers, partly as a way to keep them from being used as strike brakers. In North it becomes active in politics, encouraging members to vote labor.


Events


Post WWI - in North, there was the making of two different cultures brought on by the movement of 1000s of Southern Negroes.

Roaring 20's - life for most people was hard, black and white, even though there was a larger middle class, numbers of poor people had increased ... farmers as a whole did not fair well. The problems of the 20's was too few owned too much, to many owned to little. By 1927, most Americans who could afford to buy already owned --- partly caused '29 crash and the depression.

Harlem Renaissance - during the '20s and '30s, a literary, artistic and intelectral movement that kindled a new black cultural identity. Even though is envolved only a tiny number of Blacks, it proved to many their abality to support themselves. Althouth it faded in the 1930's, it acquired wider recognition during the Civil Rights Movement.

30's Depression - odd effect was that in making conditions worse for everyone, blacks especially, it make it possible of the evolution of a new strategy to over turn legal segragation. Because of these hardships, the Federal Government becomes more involved in providing for needs of people. Organizations like WPA, PWP, NRA, provide discriminative service, but better care that was provided to blacks before. President Roosevelt (Democrat) provides some hope for blacks making more political appointments that in recent time. Government begins to inforce child labor laws, support to states school sunch programs, books, and libraries. Attendance at all schools increases, percentage of high school graduates increases. Even though individuals suffered greatly during depression, indirectly Blacks were beginning to make gains, in labor, politics, education ... This depression was different than previous one because a much larger percentage of people not lived in cities. The suffering of people was more obvious and more severe.

Heavenly Messiahs - religion provides ... escape ... meaning ... the more suffering the move saved. George Baker - Father Divine ; claimed divinity ... free food ... lodging ...clothes. Charles Emnanuel - Sweet Daddy Grace . Timothy Drew - supporter of Ala, whites by nature were devils. F.S Cherry - blacks were true Jews, God is black, intoxication is for pleasure of man. W. D. Fard - black Muslims ... Elisa Muhammad (Poole) ... Malcolm X. Mother Katherine - New Orleans, left Catholic .

WWII - Before WWII, it was not at all clear that blacks would be treated any differently than during WWI ... there was a War Department Study that found that blacks were inferior to whites, and could not learn skills needed in military. Blacks were being excluded from Calvary and air corps. In 1938, Army announces that its policy would be to have an equal % of blacks in Army as in general population, but generally there is not effort to comply, only 5 black officers in Army, none in Navy. Only 7 states had blacks in National Guard. Concern over this leads in 1940 to formation of Committee on Participation of Negroes in War . They insist that if blacks fight, they must be treated equal, and there must be backs in every part of the armed services. 1940 is election year, with Roosevelt running for 3rd term, in order to keep black support, agrees to allow blacks in service, in separate units commanded by whites, there would be more black officers, and Benjamin. Davis is promoted to be first black general ever. When US inters war, problems increase ... south wants to keep blacks out of service, keep them home to work, pass vagrancy laws, rounding up blacks into forced labor gangs. Many blacks are convicted and set to jail for speaking out. Almost as a joke, the Tuskegee Experiment is started to train blacks as pilots, everyone expects them to fail. Flying over 200 missions over Europe and Africa, do not loose a single bomber. Generally, Blacks are treated with little respect, segregation is informed, and they would indoor harsh discrimination at the hands of whites soldiers. Treatment on blacks in US is also harsh, A. Philip Randolph organizes a march on Washington to protest, Roosevelt fears there would be trouble, so with executive order # 8802 , he bans discrimination at defense plants ... in many places, whites refuse to work alongside of blacks.

Executive Order 8802 , banning discrimination in defense industries. Reaction by Roosevelt to march on Washington in 1941 organized by A. Philip Randoph.

An American Dilemma - published in 1944, a study conducted by Gunnar Myrdal . Brought about by a riot in Detroit that shocked the nation, race riot in a northern city.
- racism is an extension of slavery, and has expanded since 1865 ...
- Negroes are victors of "Cumulative Causation" (vicious cycle)
- Negro situation is destitute, low irregular income, narrow outlook
- Negro exists at the margins of society
- when slavery ended, a cast system began
- Negroes are economicly exploited, kept out of even the bottom levels of society
- Negroes are discriminated against just because they are black
Concluded: Federal Government should identify and eliminate these problems, should intervene on side of blacks

Catch Up - In about 1950 when it became appearant that the NAACP was having success in court, and that Plessy was being challenged, many Southern states began programs call Catch Up designed to upgrade black schools. It was hoped that this could deflect the unequal stratagy.


People


Marcus Garvey - see UNIA

John R. Shillady - last white executive secretary of NAACP

A. Philip Randoph - first black executive secretary of NAACP, '20-'30, founder of the first black union (Brotherhood of Sleeping Car Porters ), the leading black figure in labor movement. Organized march on Washington in 1941 which pressured Roosevelt to issure Executive Order 8802 , banning discrimination in defense industries. Also one of the originators of the March on Washington in 1963.

Walter White - executive secretary of NAACP, '30, more out going than Randoph, could pass for white, used it to his advantage when doing investiations. He and Du Boid did not get along well. White served through the entire period including the overturn of Plessy with the Brown decession.

Mordecai Johnson - first black president of Howard University, determined to make Howard a great University. Becomes aware of the need for well trained black lawyers when it is brought to his attension that training of black lawyers was substandard, many briefs were substandard. In developing a strategy to overturn Plessy , the first step to to educated Black lawyers.

Charles H. Houston - privileged background, PHD Harvard, first dean of Howard Law School ... needs the right case, the right attorney, the right court, the right plaintiff.

Nathan R. Morgold - with the promise of a $100,000 grant from the Garland Fund , Morgold is hired by NAACP to undertake a study Negro condition in US. The Morgold Report finding published in 1931 showed that there were 17 states that had segragated schools. 10 had laws that provided for seperate but equal, but were not providing equal school so they were in violation of state laws. 7 states had segragated schools, but no state laws requiring them, so were in violation of federal laws. This provided a stratagy to attack segragation in the courts. What is needed is to find the right cases, the right attorney, the right judge, the right plaintiff ... could not move too fast. What to do with the Margold Report ...Houston suggests that they should pursue challenges "Separate but Equal" in the courts, De Bois in against such action not, saying that it is not the time, that Blacks will continue to life in black neighborhoods, to attend black schools, and it would be better to pursue better schools than desecrated schools. Du Bois would end up leaving NAACP for 15 years.

Thurgood Marshall - associate justice, U.S. Supreme Court. As legal counsel for NAACP, guided the litigation that destroyed legal segragation. Enters Howard Law School in 1930, is challanged by Charles H. Houston about why he didn't go to school in his home state of Maryland. It's law school excluded him just because he was black ... Marshall had never considered that, says it changed his life. Graduates in 1933 with top honors. Soon wins a case based on the 1st amendment protecting the right to picket as a form of free speech. Becomes attorney for NAACP. First case is judgment against University of Maryland forcing them to admit a black student, finding that since Maryland did not have an equalivent black school, student must be admitted to white only school. He soon accepts and wins many cased involving teacher pay inequality, loosing only one (Alston v School Board of Norfolk) , over turned on appeal. This is the beginning of a long evolution to a revolution. Argues the Brown case in the Supreme Court.

Oscar DePriest - first black US congressman from North, first since reconstruction. From Chicago, first black alderman, state legislator. DePriest and others would have to represent all Negroes, often spoke out against desegregation.

Arthor Mitchell - a Democrat, replaces DePriest in congress in '34 election. For the first time a majority 60% of Blacks voted for a Demorat, Roosevelt.

Charles H. Tompson - publisher of Journal of Negro Education, Harvard University, almost alone, begins to survey of libraries at Black Schools, programs offered ... etc, published many guest editorials discussing separate (but equal) schools. Thompson, 1935 study showed that litigation against separate schools occurred 113 times in 29 states, 44 cases razed question of Segregate schools, and 44 times it was affirmed, even though some states operated separate schools without laws providing for it. Decided that the burden of proof is on Negro to prove that separate schools were harmful.

William Hastie , father was federal civil servant ... did not submit to separate accomindations, would not ride bus, sent to school in DC, Amherst, Mass ... gifted scholar, athlete ... Harvard Law School, editor of Law Review, went to work at Houston's Law Firm, "Margold Report" Represented Holcutt in failed attempt to gain admission to all white professional school. Reaffirmed, that they must have the right plaintiff, the right case, the right judge, the right court, because they can not afford to loose.

Alexander P. Tureud - White teachers were making better than 50% more than blacks and teaching small classes. When the association decides to sue, they begin looking for a lawyer, at first hires a white, part-time, who decides he would not be capable of handling this case and refers them to Thurgood Marshall, who at the time is busy having just taken job of legal council to NAACP. He recommends Alexander P. Tureud (few LA lawyer), and Marshall agrees to review all briefs before being filed. Joseph McKelpin is selected as plaintiff, who is fires when he asks for equal pay. This is just one of many cases where the court finds that the state (Louisiana) is in violation of the equal protection clause of the 14th amendment. Orders the state to equalize pay for all teachers. Tureud goes on the be involved with NAACP in Louisiana along with Daniel E. Byrd.

Harry S. Truman - becomes president in 1946, Civil Rights becomes a notional issue when Truman challenges Republican's to do something about Civil Rights, I'll sign it ... nothing is passed. At the urging of NAACP, Truman appoints a commission to look into segregation and civil rights. "To Secure These Rights" is report published by commission, Truman is shocked by the large number of groups that are being discriminated against, about the only group not is WAPS (White American Protestants". Decides that something has to be done, by executive order, he integrates the Army ... there is much resistance and movement is slow.

Earl Warren - governor of California, appointed Chief Justice of the Supreme Court by President Eisenhower during the middle of deliberations on Brown v Board of Education . Eisenhower has made a campaign promiss to apoint him to first vacancy, later to say it was his worst appointment as president. Warren suggests to the court that to find that segration is legal is to find that white race is superior to black race, if we will do this we should be willing to say it publicly. Through his efforts, the court finds unamamusly in favor of Brown, striking down the Plessy decission, making desegragation illegal.

Casses


1927 Nixon v Herndon - Supreme Court finds null and void a Texas statute that excluded Negroes from Democratic primaries in the state.

1933 Scottsboro Cases (Boys) - 9 black boys charged with rape. No evidence was ever produced of their guilt, but under pressure, they confess and testify against each other, all are convicted and sentenced to death. The communists make an international issue of the case because NAACP declined to provide council and White advised Clarence Darrow not to represent them. Landmark decision by Supreme Court when a new trial is ordered because they did not receive adequate legal counsel. An appeal of a second conviction led to a Supreme COurt decission that excluding Negroes from juries denied the defendants due process. Last pardoned by 1950.

1933 Hocutt - applied for admission to pharmacy school at University of North Carolina. Brought suit, lost on technicality when he failed to qualify for admission. Court seemed to imply that blacks would have to be admitted to white only schools in the absance of a sutable black school. Reaffirmed Hastie's feeling that must have the right plaintiff, the right case, the right judge, the right court, because they can not afford to loose.

1936 Gaines Principal - Higher Education presented the best chance for getting a favorable judgment. No southern school had ever operated a black professional school. Missouri, a border state, is chosen, Lloyd Gaines ... qualified honor student, applies for admission to University of Missouri, and is turned down. The chess match that is the effort to overturn Plessy is exciting, not often does constitutional scholar have the opportunity to create new case law. The University & State admit that Gaines is qualified, if and when there is enough demand, a black law school would be opened. Offer Gaines a partial scholarship to school in another state. Gains Principal , NAACP files suit, on appeal to the Supreme Court gets a favorable ruling ... State must allow a qualified black to attend white school when there is not a black school to attend. Gains disappears ... never to be see again ... Response of Southern states ... talk of farming regional professional schools, nothing ever comes of this ... assistance is offered and accepted by blacks to attend school in other states ... this becomes a problem when whites want to take advantage of these scholarships. Gains Principal is important, it would be used in other cases to overturn Plessy. Gaines Principal, is a symbol of the strategy of chipping away at the absence of equality ... this strategy is effective because it was non-threatening ... over 15 years would win 24 cases using separate but equal ...

1934 McKelpin - At the same time Marshall is pursuing salary equalization cased ... one in New Orleans ... (Alexander P. Tureud) ... this case is started after the Black Teachers Association asks state for a raise, did not respond. White teachers were making better than 50% more than blacks and teaching small classes. When the association decides to sue, they begin looking for a lawyer, at first hires a white, part-time, who decides he would not be capable of handling this case and refers them to Thurgood Marshall, who at the time is busy having just taken job of legal council to NAACP. He recommends Alexander P. Tureud (few LA lawyer), and Marshall agrees to review all briefs before being filed. Joseph McKelpin is selected as plaintiff, who is fires when he asks for equal pay. This is just one of many cases where the court finds that the state (Louisiana) is in violation of the equal protection clause of the 14th amendment. Orders the state to equalize pay for all teachers. Tureud goes on the be involved with NAACP in Louisiana along with Daniel E. Byrd.

1944 Smith v Allwright - Supreme Court rules that Democratic White Primary is illegal in 1944, this leads to more blacks to become registered to vote in South. In Louisiana in '40 there were 2000 blacks registered, in '50 there were 100000.

1948 Shelley v Kramer - St Louis, restrictive Covenant, a contract requiring that owner of property not sell/rent to selected groups (Blacks). Court finds that the contract is not binding, but when the state government gets involved in enforcing these contracts, it would be discrimination and violation of 14th amendment. Prohibited state courts from enforcing racially restrictive real estate covenants.

1950 Pullman Car Births - Court finds that refusing to rent Pullman births to blacks is violation of Interstate Commerce Act

1951 McLaurin v Oklahoma -68 years old, applies for admission to U of Ok Law School, is admitted under Gaines Principal (no separate school available). But special rules apply, forcing McLaurin to sit in doorway of class, separate table in library and cafeteria. McLaurin objects and sues ... S.C. rules, that once admitted, Thea amentment provides for equal protection, and must be treated same as other students.

1951 Sweatt v Painter - Sweatt applies for admittance to UT Austin law School, Tx Supreme Court decides on Gaines Principal that he must be admitted. State says that plans are already underway to open an all black law school, and is granted six month extension until completed. Sweatt still sues to be admitted ... the first case that chalanges the seperate but equal provesions of Plessy. Chief justive Fred Vinson compares the two schools, professors, library, buildings, funding ... no question that facilities are not same ... these could be exactally compaired. In addition to these tangables, he consideres intangables such as reputation, presstege. Does not order Black school to be closed, but finds that Sweatt could not be denied right to attend U.T., because he was black and because there is a seperate school. The court seems to be saying that show us that seperate is not equal ... that seperate is a dissadvantage for blacks, that segragation is not equal ... and we will overturn Plessy . This starts a debate inside the NAACP ... is now the time to challange Plessy, to risk it all, go for broke. At the same time Southern states begin to see that there could be a real challange to Segration, and several states start "Catch Up" programs under governors like James Byrne and Huey Long. Marshall is leary, doesn't think he could loose, doesn't think a loss would be permenit. Challanges have come at the higher education, where the % of blacks are lowert.
May 14, 1954 - Linda Brown v. Board of Education of Topeka Kansas - Chief Justice rulled that "separate educational facilities" were inherently unequal because the intangible inequalities of segregation deprived black students of equal protection under the law. The following year, the court ordered federal district courts to supervise school desegregation "on a racially nondiscriminatory basis with all deliberate speed." There are already some cases in court. In South Carolina ... a suit that asked for backs to attend same school as whites, after having been turned down when asking for equal facalities. A similar case from Delaware, from Virgenia, a case from Kansas where there were segragrated grade schools, intergrated high schools, and a case from Washington DC. In 1952, the Supreme Court decides to consolidate these and hear them as one case. In an unusuall move, the Kansas case is chosen to provide a name, usually consolidated cases are named alphabetally. Kansas is chosen because it is not a southern state. It is understood that this will either overturn or reafirm Plessy. The stacks are very high. The court will hear case in December of '52. Understanding its importance, the court asks that the US attorny general submit a brief, it is the outgoing Truman administration, and many are supprised that he supports overturning Plessy. The court also invites each of the remaining 13 states (with segragated school systems) not represented in case to submit briefs. The court hears arguments for 3 days, which is totally unpresented. Justices give little hints about how they are leaning, Marshall is heavly questioned. In another unuseal move, the court ajorns without ruling and states that it will hear additional arguments in fall of 1953. The court is acutally split 3 ways, 3 for, 3 against, 3 undecided. Before reconveining, Chief Justive Vincent dies, one strong vote against overturning. Dwight D. Eisenhower is now president, and because of a political prommis, he nominates Earl Warren (Calf) (recess appointment). So it is Warren who presides over the re-argument of these cases. As chief justice, in review he is first to speak. He seaks to simplfy the issues, saying that a justification to seperate schools can only be a belief that one race is superior to another. If we find that, we should be willing to say it publicly ... put up or shut up. Warren is a convincing guy ... warking on justices that want to vote against overturning Plessy. Working on Stanly Reed (Kn), and Flex Frankford (Ma) to win them over. 14 May 1954, the court announces its unamous decission that Seperate but Equal is Unconstitational. This is a great vicory for NAACP ... but the court did not order schools desegrated ... and the cases were put back on the calander to be argued abain as to what proceduredshould be followed to implement. The court had already spent more time on this case that any other in its history. Mrs. Rossevelt on NAACP board probably convences them to move more slowly that otherwise whould have, and Marshall proposes a one year wait for planning, than total intergration. In May 1955, the court makes no recommendation, sending cases back to lower courts for implamentation with "all deliberate speed" In 1956, the southern states react with a program of massive resistance. This is a great leagal victory, but it would take too long to implament.