Lloyd Lionel Gaines (1911, Water Valley, Mississippi – disappeared March 19, 1939, Chicago) was the plaintiff in Gaines v. Canada (1938), one of the most important court cases of the 1930s in the U.S. civil rights movement. After being denied admission to the University of Missouri School of Law because he was black, and refusing the university’s offer to pay for him to attend a neighboring state’s law school that had no racial restriction, Gaines filed suit against the university. The U.S. Supreme Court ultimately ruled in his favor, holding that the separate but equal doctrine required that Missouri either admit him or set up a separate law school for Black students.
The Missouri General Assembly chose the latter option. It authorized conversion of a former cosmetology school in St. Louis to establish the Lincoln University School of Law, to which other, mostly black, students were admitted. The National Association for the Advancement of Colored People (NAACP), which had supported Gaines’s suit, planned to file another suit challenging the adequacy of the new law school. While waiting for classes to begin, Gaines traveled between St. Louis, Kansas City and Chicago looking for work. He performed odd jobs and gave speeches before local NAACP chapters. One night in Chicago he left the fraternity house, where he was staying, to buy stamps and never returned.
Gaines’ disappearance was not noted immediately, since he was frequently traveling independently in this period, without telling anyone his plans. Only in the autumn of that year, when the NAACP’s lawyers were unable to locate him to take depositions for a rehearing in state court, did a serious search begin. It failed, and the suit was dismissed. While most of his family believed at the time that he had been killed in retaliation for his legal victory, there has been speculation that Gaines had tired of his role in the civil rights movement and went elsewhere, either New York or Mexico City, to start a new life. In 2007 the Federal Bureau of Investigation (FBI) agreed to look into the case, among many other missing persons cold cases related to the civil rights era.
Despite his unknown fate, Gaines has been honored by the University of Missouri School of Law and the state. The Black Culture Center at the University of Missouri and a law scholarship at the law school are named for him and another black student initially denied admission. In 2006 Gaines was posthumously granted an honorary law degree. The state bar association granted him a posthumous law license. A portrait of Gaines hangs in the University of Missouri law school building.
Category Archives: African-American History
Happy Independence Day
From the Atlantic, via Dartblog:
When the Fourth of July Was a Black Holiday
“What, to the American slave, is your 4th of July?” Famed black abolitionist and former slave Frederick Douglass posed this question before a large, mostly white crowd in Rochester, New York on July 5, 1852. It is “a day that reveals to him, more than all other days in the year, the gross injustice and cruelty to which he is the constant victim,” Douglass explained, adding that he felt much the same: “I am not included within the pale of this glorious anniversary! … This Fourth [of] July is yours not mine.”
A little over a decade later, however, African Americans like Douglass began making the glorious anniversary their own. After the end of the Civil War in 1865, the nation’s four million newly emancipated citizens transformed Independence Day into a celebration of black freedom. The Fourth became an almost exclusively African American holiday in the states of the former Confederacy—until white Southerners, after violently reasserting their dominance of the region, snuffed these black commemorations out.
Before the Civil War, white Americans from every corner of the country had annually marked the Fourth with feasts, parades, and copious quantities of alcohol. A European visitor observed that it was “almost the only holy-day kept in America.” Black Americans demonstrated considerably less enthusiasm. And those who did observe the holiday preferred—like Douglass—to do so on July 5 to better accentuate the difference between the high promises of the Fourth and the low realities of life for African Americans, while also avoiding confrontations with drunken white revelers.
Yet the tables had turned by July 4, 1865, at least in the South. Having lost a bloody four-year war to break free from the United States and defend the institution of slavery, Confederate sympathizers had little desire to celebrate the Fourth now that they were back in the Union and slavery was no more. “The white people,” wrote a young woman in Columbia, South Carolina, “shut themselves within doors.”
African Americans, meanwhile, embraced the Fourth like never before. From Washington, D.C., to Mobile, Alabama, they gathered together to watch fireworks and listen to orators recite the Emancipation Proclamation, the Declaration of Independence, and the Thirteenth Amendment, which abolished slavery when it was ratified in late 1865.
Read the whole thing.
Douglass and Anthony
It is just and fitting to celebrate the American Revolution, but one must also remember that, at the start, not everyone partook of its bounty equally. The tacit recognition of slavery is the original sin of the American republic; that women could not vote is now outrageous to us. Where was the “liberty” for these people? As the nineteenth century wore on, the movement to abolish slavery completely grew ever stronger, culminating in the passage of the Thirteenth Amendment in 1865. Women’s suffrage took longer – it was guaranteed on a national basis for all types of election with the passage of the Nineteenth Amendment in 1920, although many states had earlier granted the women the right to vote in other elections.
It’s safe to say that the two biggest figures in these movements were Frederick Douglass and Susan B. Anthony. They both happen to be buried in the Mount Hope Cemetery in Rochester, New York. We made sure to visit their graves.
Frederick Douglass was born into slavery in Maryland in 1818 and escaped to New York at age 20. He became an anti-slavery activist and was known for his powerful oratory on the subject; his Narrative Life (1845) was a best seller which fueled the abolitionist cause and whose proceeds allowed Douglass to purchase his legal freedom. He was also the only African-American to attend the Seneca Falls Convention (1848), which launched the American Women’s Rights movement. The town, located about fifty miles to the east of Rochester, seems quite proud of this heritage.
Unfortunately, the Visitor Center was closed when we got there, but I certainly appreciated the display of the Nineteenth Amendment Victory Flags.
The (heavily restored) original venue. The Convention’s “Declaration of Sentiments” (a feminist twist on the Declaration of Independence) is inscribed on a wall on the other side of the greenspace in the foreground.
As an aside, Seneca Falls represents a stop on the Cayuga-Seneca Canal, a which connects the Erie Canal to Cayuga Lake and Seneca Lake (two of New York’s Finger Lakes). I thought this was a nice nineteenth-century scene. (The town is also the fictional “Bedford Falls, N.Y.” from the film It’s a Wonderful Life.)
Susan B. Anthony was not actually at the Seneca Falls Convention, but with its main organizer Elizabeth Cady Stanton, whom she met in 1851, founded the Women’s Loyal National League (an abolitionist society) and in 1866 the American Equal Rights Association, which was dedicated to equal rights for men and women. Anthony, famously, was arrested for voting in Rochester in 1872, and refused to pay the fine; the authorities decided not to pursue the matter. In 1878, Anthony penned what was to become the Nineteenth Amendment, and up until her death she gave countless speeches in favor of the cause. Her grave in Mount Hope is a pilgrimage site of sorts for those who value a woman’s right to vote.
In 2013, PBS aired a six-part documentary entitled The African-Americans: Many Rivers to Cross, narrated by Henry Louis Gates, Jr. I have not seen any of the episodes but I did just discover the blog for the series, 100 Amazing Facts About the Negro (taken from the title of a book published in 1934 by one J.A. Rodgers). The posts are all most interesting (even amazing!); of immediate relevance is yesterday’s entry on “Juneteenth.”
The First Juneteenth
“The people of Texas are informed that, in accordance with a proclamation from the Executive of the United States, all slaves are free. This involves an absolute equality of personal rights and rights of property between former masters and slaves, and the connection heretofore existing between them becomes that between employer and hired labor. The freedmen are advised to remain quietly at their present homes and work for wages. They are informed that they will not be allowed to collect at military posts and that they will not be supported in idleness either there or elsewhere.” —General Orders, Number 3; Headquarters District of Texas, Galveston, June 19, 1865
When Maj. Gen. Gordon Granger issued the above order, he had no idea that, in establishing the Union Army’s authority over the people of Texas, he was also establishing the basis for a holiday, “Juneteenth” (“June” plus “nineteenth”), today the most popular annual celebration of emancipation from slavery in the United States. After all, by the time Granger assumed command of the Department of Texas, the Confederate capital in Richmond had fallen; the “Executive” to whom he referred, President Lincoln, was dead; and the 13th Amendment abolishing slavery was well on its way to ratification.
But Granger wasn’t just a few months late. The Emancipation Proclamation itself, ending slavery in the Confederacy (at least on paper), had taken effect two-and-a-half years before, and in the interim, close to 200,000 black men had enlisted in the fight. So, formalities aside, wasn’t it all over, literally, but the shouting?
It would be easy to think so in our world of immediate communication, but as Granger and the 1,800 bluecoats under him soon found out, news traveled slowly in Texas. Whatever Gen. Robert E. Lee had surrendered in Virginia, the Army of the Trans-Mississippi had held out until late May, and even with its formal surrender on June 2, a number of ex-rebels in the region took to bushwhacking and plunder.
That’s not all that plagued the extreme western edge of the former Confederate states. Since the capture of New Orleans in 1862, slave owners in Mississippi, Louisiana and other points east had been migrating to Texas to escape the Union Army’s reach. In a hurried re-enactment of the original Middle Passage, more than 150,000 slaves had made the trek west, according to historian Leon Litwack in his book Been in the Storm So Long: The Aftermath of Slavery. As one former slave he quotes recalled, “It looked like everybody in the world was going to Texas.”
When Texas fell and Granger dispatched his now famous order No. 3, it wasn’t exactly instant magic for most of the Lone Star State’s 250,000 slaves. On plantations, masters had to decide when and how to announce the news — or wait for a government agent to arrive — and it was not uncommon for them to delay until after the harvest. Even in Galveston city, the ex-Confederate mayor flouted the Army by forcing the freed people back to work, as historian Elizabeth Hayes Turner details in her comprehensive essay, “Juneteenth: Emancipation and Memory,” in Lone Star Pasts: Memory and History in Texas.
Those who acted on the news did so at their peril. As quoted in Litwack’s book, former slave Susan Merritt recalled, “‘You could see lots of niggers hangin’ to trees in Sabine bottom right after freedom, ’cause they cotch ’em swimmin’ ’cross Sabine River and shoot ’em.’ ” In one extreme case, according to Hayes Turner, a former slave named Katie Darling continued working for her mistress another six years (She “whip me after the war jist like she did ’fore,” Darling said).
Hardly the recipe for a celebration — which is what makes the story of Juneteenth all the more remarkable. Defying confusion and delay, terror and violence, the newly “freed” black men and women of Texas, with the aid of the Freedmen’s Bureau (itself delayed from arriving until September 1865), now had a date to rally around. In one of the most inspiring grassroots efforts of the post-Civil War period, they transformed June 19 from a day of unheeded military orders into their own annual rite, “Juneteenth,” beginning one year later in 1866.
“The way it was explained to me,” one heir to the tradition is quoted in Hayes Turner’s essay, “the 19th of June wasn’t the exact day the Negro was freed. But that’s the day they told them that they was free… And my daddy told me that they whooped and hollered and bored holes in trees with augers and stopped it up with [gun] powder and light and that would be their blast for the celebration.”
There were other available anniversaries for celebrating emancipation, to be sure, including the following:
* Sept. 22: the day Lincoln issued his preliminary Emancipation Proclamation Order in 1862
* Jan. 1: the day it took effect in 1863
* Jan. 31: the date the 13th Amendment passed Congress in 1865, officially abolishing the institution of slavery
* Dec. 6: the day the 13th Amendment was ratified that year
* April 3: the day Richmond, Va., fell
* April 9: the day Lee surrendered to Ulysses Grant at Appomattox, Va.
* April 16: the day slavery was abolished in the nation’s capital in 1862
* May 1: Decoration Day, which, as David Blight movingly recounts in Race and Reunion: The Civil War in American Memory, the former slaves of Charleston, S.C., founded by giving the Union war dead a proper burial at the site of the fallen planter elite’s Race Course
* July 4: America’s first Independence Day, some “four score and seven years” before President Lincoln issued the Emancipation Proclamation
Each of these anniversaries has its celebrants today. Each has also had its share of conflicts and confusion. July 4 is compelling, of course, but it was also problematic for many African Americans, since the country’s founders had given in on slavery and their descendants had expanded it through a series of failed “compromises,” at the nadir of which Frederick Douglass had made his own famous declaration to the people of Rochester, N.Y., on July 5, 1852: “What, to the American slave, is your 4th of July? I answer; a day that reveals to him, more than all other days in the year, the gross injustice and cruelty to which he is the constant victim. To him, your celebration is a sham; your boasted liberty, an unholy license; your national greatness, swelling vanity.”
Read the whole thing, and the other entries.
In honor of Martin Luther King Day, a photograph of the MLK statue in Washington DC which I took last November:
Here are some photos of the MLK National Historic Site in Atlanta, with Ebenezer Baptist Church (the third photo shows the sign on the historic Ebenezer Baptist Church located not far away). I took these on MLK Day ten years ago.
And here is another image of the great man, in the National Museum of African American History and Culture, which I also got to see in November:
The Museum, by the way, is wonderful. I was very lucky to get to see it. It is on the Mall near the Washington Monument; it opened in September and is hugely popular – so much so that you can only order tickets online, or so the security guard kindly explained to me when I asked about getting in. As chance would have it some people overheard my question and gave me an extra ticket that they had.
The building, by architects Philip Freelon, David Adjaye, and Davis Brody Bond, takes the form of an inverted bronze step pyramid and is meant to evoke a Yoruban crown. It provides the museum’s logo.
The history galleries are in the basement; there was a long line for this so unfortunately I had to pass it by, even though history is what we’re all about here. Instead, I visited the top two floors, which contain the culture portion of the museum. Extensive exhibits deal with African-American musicians, actors, athletes, artists, soldiers, and others, and African-American organizations like churches, newspapers, HBCUs, the Prince Hall Freemasons, and the National Pan-Hellenic Council. It’s enlightening, infuriating, and uplifting all at once, and I highly recommend it if you’re in DC. Just be sure to order your tickets ahead of time.
Our trip to Atlanta also included a visit to Oakland Cemetery (logo from their pamphlet).
It dates from 1850 and occupies a 48-acre site between the Sweet Auburn and Grant Park neighborhoods, not far from the King Center and the Georgia State Capitol. Numerous famous Atlantans are interred here, among them:
Of course, a large section is devoted to the Confederacy and the soldiers who died for it, whether known:
At one point this obelisk was the tallest structure in Atlanta:
Note, though, how they’ve tried to defang its message: all three of the federal, state, and city flags take precedence over the flag of the CSA, which of course is the original Stars and Bars, not the Battle Flag.
There is also a segregation-era African-American section, and a Jewish section, along with the usual collection of interesting headstones and monuments.
A useful primary source to illustrate the Babylonian Captivity, the sixty-year period in the sixth century BC when large numbers of Jews were enslaved in Babylon, is Psalm 137, one that I always use for HIS 111. This is the translation that appears in the New International Version:
By the rivers of Babylon we sat and wept when we remembered Zion.
There on the poplars we hung our harps,
for there our captors asked us for songs, our tormentors demanded songs of joy; they said, “Sing us one of the songs of Zion!”
How can we sing the songs of the Lord while in a foreign land?
If I forget you, Jerusalem, may my right hand forget its skill.
May my tongue cling to the roof of my mouth if I do not remember you, if I do not consider Jerusalem my highest joy.
Remember, Lord, what the Edomites did on the day Jerusalem fell. “Tear it down,” they cried, “tear it down to its foundations!”
Daughter Babylon, doomed to destruction, happy is the one who repays you according to what you have done to us.
Happy is the one who seizes your infants and dashes them against the rocks.
The last two verses are always jarring – rather like the third stanza of “In Flanders Fields” – but otherwise this Psalm succinctly and beautifully expresses Jewish sadness over their enslavement and exile (although I’m sure that to scholars of the period, who are better versed in theories of exactly who composed it and when, the story is more complicated).
Although I insist that primary sources come from a particular time and place, I can’t resist noting that some historical episodes become tropes, through which subsequent generations interpret their own experience. (The inspiration that Moses had for African-American slaves is a prime example.) The Babylonian Captivity comprehends the themes of both slavery and exile, thus did people in the fourteenth century speak of the “Babylonian Captivity of the Papacy” when it was located at Avignon between 1309 and 1377, or did Martin Luther compose his tract On the Babylonian Captivity of the Church (1520), asserting that the Papacy itself held the true church in captivity. Closer to home, the trope of the Babylonian Captivity has resonance with Afro-Caribbeans for obvious reasons, hence the Melodians’ rendition of Psalm 137, later done by Boney M. And, of course, “Babylon” retained its relevance for the Jews themselves, following the diaspora, as a symbol of exile from their homeland.
(This is to say nothing about other Babylonian tropes, like the Tower of Babel from Genesis, or the Whore of Babylon from Revelation.)
UPDATE: Something amusing from a friend’s Facebook feed:
Historians of Slavery
My friend Lynn Rainville is featured in the Chronicle (subscription required):
Historians of Slavery Find Fruitful Terrain: Their Own InstitutionsJUNE 21, 2016
Crystal S. Rosson had spent years tracing her family roots — poring over courthouse documents, asking relatives to show her the unmarked graves of their ancestors, even quitting her job at a Virginia high school to devote more energy to her research. With every new picture and article she uncovered, one thought lingered in her mind: Where had her great-grandfather Sterling Jones lived? One day she found her answer. It was a well-kept cabin, once a farm-tool museum, now mostly vacant. And it sat only a stone’s throw from the back door of the mansion of the president of Sweet Briar College.
Ms. Rosson had chills. She lives just three miles down the road from Sweet Briar, and she says her family always felt a connection to the women’s college, but she never fully understood why. Since the first day she stood outside that cabin, she has learned more about that connection.
Her great-grandfather was a bricklayer; in fact, he was employed by the college to construct some of its first buildings after the former plantation became an institution of higher education. The cabin, she discovered, was also where Jones’s father probably lived as a slave.
A collection of news and commentary from The Chronicle can provide a starting point for discussion of what might be done to improve the climate and conditions on your own campus.
Ms. Rosson called administrators at the college to see if anyone knew anything about Jones. That’s when she met Lynn Rainville, a research professor in the humanities. Ms. Rainville is director of the Tusculum Institute, which she helped create in 2008 to research and preserve local history. For the previous 15 years, she had been doing just the opposite of Ms. Rosson — tracing Jones’s descendants to find out where they ended up.
“It was a fluke,” Ms. Rosson says of meeting Ms. Rainville. “We had long, crazy, amazing conversations that started us on this path together to piece my great-grandfather’s connection together to the college.” In 2014 the two researchers reopened the cabin with an exhibit to teach students and the public about the college’s historical ties to slavery.
The collaboration between Ms. Rosson and Ms. Rainville was accidental, sparked simply by their own curiosity. But the professor and the genealogist are by no means alone. As more institutions grapple with their own thorny histories, a growing number of scholars are digging into public history and raising questions about colleges and universities’ responsibility to acknowledge and explain those links to slavery and racism.
That represents a shift in scholarly thinking, says Kirt von Daacke, an assistant dean and associate professor of history at the University of Virginia. “Scholars haven’t been deeply involved in micro-institutional history,” he says. “They see it generally as a bit of navel-gazing, but they think it’s great for students to do.”
More at the link (behind paywall, alas).
Thoughts I have had while lecturing
I. An interesting shift: at one point African-American slaves took inspiration from Moses leading the Hebrew slaves out of bondage from Egypt, hence the spiritual:
When Israel was in Egypt’s land, Let My people go!
Oppressed so hard they could not stand, Let My people go!
Go down, Moses, Way down in Egypt’s land;
Tell old Pharaoh To let My people go!
But of course Egypt is African, or judged to be representative of Africa, so starting in the twentieth century African-Americans began to look back with admiration on ancient Egypt, partly as a riposte to the European idealization of Ancient Greece (this is where the Afrocentric charge that the latter “stole” everything from the former comes from). Thus, for example, Alpha Phi Alpha, the nation’s first black fraternity, founded at Cornell in 1906 and which:
utilizes motifs from Ancient Egypt and uses images and songs depicting the Her-em-akhet (Great Sphinx of Giza), pharaohs, and other Egyptian artifacts to represent the organization…. This is in contrast to other fraternities that traditionally echo themes from the golden age of Ancient Greece. Alpha’s constant reference to Ethiopia in hymns and poems are further examples of Alpha’s mission to imbue itself with an African cultural heritage.
(This despite the fact that they use Greek letters to identify themselves – why not a couple of hieroglyphs?)
I suppose the fall of slavery in the United States lessened the appeal of the ancient Hebrews, allowing the shift toward sympathizing with the Egyptians.
II. One of my favorite records when I was in college features the novelty song “Istanbul (not Constantinople),” which dates from the 1950s and is (I suppose) a celebration of the rise of nationalist Turkey. By way of explaining the name change of that county’s most famous city, the song points out a parallel situation:
Even old New York, was once New Amsterdam.
Why they changed it I can’t say, people just liked it better that way.
But perhaps a more accurate assessment of this name change is that the British defeated their continental rivals the Dutch and took possession of the New Netherlands in 1664, and promptly changed the names of New Amsterdam and Fort Orange to New York and Albany respectively, after the Duke of York and Albany, the future King James II. Fort Orange was so called, of course, on account of “Orange” being the name of the ruling house of the Netherlands.
What’s ironic is that James II was a Catholic, and didn’t have the good sense to keep it to himself, and provoked the Glorious Revolution of 1688, whereby Parliament invited his daughter Mary Stuart to become queen, and her husband to become king… that husband being none other than William of Orange, king of the Netherlands. These two reigned as co-monarchs, hence the College of William and Mary in Williamsburg.
So an Orange was replaced by an Albany, who was replaced by another Orange (who opened up Ireland for Protestant settlement, hence the Orange Order, and Orangeman’s Day).
“Confederate History and Heritage Month”
A great article from David Parker on Like the Dew: A Journal of Southern Culture and Politics:
Governor Phil Bryant caused something of a stir in February when he signed a proclamation declaring April to be “Confederate Heritage Month” in Mississippi.
Georgia’s Governor Nathan Deal made no such proclamation, but he didn’t need to. The Georgia General Assembly already took care of this back in 2009, when it legislated that “the month of April of each year is hereby designated as Confederate History and Heritage Month and shall be set aside to honor, observe, and celebrate the Confederate States of America, its history, those who served in its armed forces and government, and all those millions of its citizens of various races and ethnic groups and religions who contributed in sundry and myriad ways to the cause which they held so dear.”
“The cause which they held so dear” had as its cornerstone the institution of slavery. This is according to Alexander Stephens, a Georgian and vice-president of the Confederate States of America, who said exactly that in a speech in Savannah in March 1861.
But forget for a while that the resolution calls on Georgians to honor and celebrate a nation built on slavery. As a historian, I have another problem with it: “All those millions of its citizens of various races and ethnic groups and religions who contributed in sundry and myriad ways to the cause which they held so dear.”
Georgia’s resolution assumes a unity of support for the Confederacy and the war effort that simply did not exist. African slaves had little enthusiasm for the Confederate cause, of course, but here’s something we seem to have forgotten, or perhaps never knew: A lot of white Georgians did not support the war.
On January 2, 1860, when Georgia’s (white male) voters went to the polls to elect delegates for a statewide convention to decide on the secession question, the secessionists won—by a vote of 42,744 to 41,717. Hardly overwhelming support! Once the convention voted for secession, and especially after the shooting started, white support shifted a bit, but there was always a tremendous amount of white disaffection.
We have forgotten that a lot of white folks thought of the war as “a rich man’s war and a poor man’s fight.” White disaffection was not confined to the lower class, but it was strong there.
There’s more at the link. White opposition to the Confederacy deserves to be remembered. The same impulse that created West Virginia was found in pockets throughout Appalachia, and beyond.