... this page is part of the Web Site of George North ...
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.