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Legacy of the Trans-Atlantic Slave Trade

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Legacy of the Trans-Atlantic Slave Trade LEGACY OF THE TRANS-ATLANTIC SLAVE TRADE HEARING BEFORE THE SUBCOMMITTEE ON THE CONSTITUTION, CIVIL RIGHTS, AND CIVIL LIBERTIES OF THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES ONE HUNDRED TENTH CONGRESS FIRST SESSION DECEMBER 18, 2007 Serial No. 110–63 Printed for the use of the Committee on the Judiciary ( Available via the World Wide Web: http://judiciary.house.gov U.S. GOVERNMENT PRINTING OFFICE 39–707 PDF WASHINGTON : 2008 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 VerDate 0ct 09 2002 12:08 Apr 08, 2008 Jkt 000000 PO 00000 Frm 00003 Fmt 5011 Sfmt 5011 H:\WORK\CONST\121807\39707.000 HJUD1 PsN: 39707 COMMITTEE ON THE JUDICIARY JOHN CONYERS, JR., Michigan, Chairman HOWARD L. BERMAN, California LAMAR SMITH, Texas RICK BOUCHER, Virginia F. JAMES SENSENBRENNER, JR., JERROLD NADLER, New York Wisconsin ROBERT C. ‘‘BOBBY’’ SCOTT, Virginia HOWARD COBLE, North Carolina MELVIN L. WATT, North Carolina ELTON GALLEGLY, California ZOE LOFGREN, California BOB GOODLATTE, Virginia SHEILA JACKSON LEE, Texas STEVE CHABOT, Ohio MAXINE WATERS, California DANIEL E. LUNGREN, California WILLIAM D. DELAHUNT, Massachusetts CHRIS CANNON, Utah ROBERT WEXLER, Florida RIC KELLER, Florida LINDA T. SA´ NCHEZ, California DARRELL ISSA, California STEVE COHEN, Tennessee MIKE PENCE, Indiana HANK JOHNSON, Georgia J. RANDY FORBES, Virginia BETTY SUTTON, Ohio STEVE KING, Iowa LUIS V. GUTIERREZ, Illinois TOM FEENEY, Florida BRAD SHERMAN, California TRENT FRANKS, Arizona TAMMY BALDWIN, Wisconsin LOUIE GOHMERT, Texas ANTHONY D. WEINER, New York JIM JORDAN, Ohio ADAM B. SCHIFF, California ARTUR DAVIS, Alabama DEBBIE WASSERMAN SCHULTZ, Florida KEITH ELLISON, Minnesota PERRY APELBAUM, Staff Director and Chief Counsel JOSEPH GIBSON, Minority Chief Counsel SUBCOMMITTEE ON THE CONSTITUTION, CIVIL RIGHTS, AND CIVIL LIBERTIES JERROLD NADLER, New York, Chairman ARTUR DAVIS, Alabama TRENT FRANKS, Arizona DEBBIE WASSERMAN SCHULTZ, Florida MIKE PENCE, Indiana KEITH ELLISON, Minnesota DARRELL ISSA, California JOHN CONYERS, JR., Michigan STEVE KING, Iowa ROBERT C. ‘‘BOBBY’’ SCOTT, Virginia JIM JORDAN, Ohio MELVIN L. WATT, North Carolina STEVE COHEN, Tennessee DAVID LACHMANN, Chief of Staff PAUL B. TAYLOR, Minority Counsel (II) VerDate 0ct 09 2002 12:08 Apr 08, 2008 Jkt 000000 PO 00000 Frm 00004 Fmt 5904 Sfmt 0486 H:\WORK\CONST\121807\39707.000 HJUD1 PsN: 39707 C O N T E N T S DECEMBER 18, 2007 Page OPENING STATEMENTS The Honorable John Conyers, Jr., a Representative in Congress from the State of Michigan, Chairman, Committee on the Judiciary, and Member, Subcommittee on the Constitution, Civil Rights, and Civil Liberties ............. 1 The Honorable Trent Franks, a Representative in Congress from the State of Arizona, and Ranking Member, Subcommittee on the Constitution, Civil Rights, and Civil Liberties .................................................................................. 3 The Honorable Jerrold Nadler, a Representative in Congress from the State of New York, and Chairman, Subcommittee on the Constitution, Civil Rights, and Civil Liberties .................................................................................. 5 The Honorable Steve King, a Representative in Congress from the State of Iowa, and Member, Subcommittee on the Constitution, Civil Rights, and Civil Liberties ............................................................................................... 7 The Honorable Steve Cohen, a Representative in Congress from the State of Tennessee, and Member, Subcommittee on the Constitution, Civil Rights, and Civil Liberties ............................................................................................... 9 WITNESSES Professor Charles Ogletree, Director of the Charles Hamilton Houston Insti- tute for Race and Justice, Harvard Law School Oral Testimony ..................................................................................................... 11 Prepared Statement ............................................................................................. 13 Ms. Kibibi Tyehimba, National Co-Chair, National Coalition of Blacks for Reparations in America (N’COBRA) Oral Testimony ..................................................................................................... 21 Prepared Statement ............................................................................................. 23 Mr. Roger Clegg, President and General Counsel, Center for Equal Oppor- tunity Oral Testimony ..................................................................................................... 28 Prepared Statement ............................................................................................. 30 Reverend M. Thomas Shaw, III, SSJE, Bishop of the Diocese of Massachu- setts Oral Testimony ..................................................................................................... 41 Prepared Statement ............................................................................................. 42 The Honorable JoAnn Watson, Council Member, Detroit City Council Oral Testimony ..................................................................................................... 67 Prepared Statement ............................................................................................. 69 Mr. H. Thomas Wells, Jr., President-Elect, American Bar Association Oral Testimony ..................................................................................................... 72 Prepared Statement ............................................................................................. 74 Stephan Thernstrom, Winthrop Professor of History, Harvard University Oral Testimony ..................................................................................................... 82 Prepared Statement ............................................................................................. 84 Professor Eric J. Miller, Assistant Professor of Law, Saint Louis University School of Law Oral Testimony ..................................................................................................... 87 Prepared Statement ............................................................................................. 89 (III) VerDate 0ct 09 2002 12:08 Apr 08, 2008 Jkt 000000 PO 00000 Frm 00005 Fmt 5904 Sfmt 5904 H:\WORK\CONST\121807\39707.000 HJUD1 PsN: 39707 IV Page APPENDIX Material Submitted for the Hearing Record .......................................................... 104 VerDate 0ct 09 2002 12:08 Apr 08, 2008 Jkt 000000 PO 00000 Frm 00006 Fmt 5904 Sfmt 5904 H:\WORK\CONST\121807\39707.000 HJUD1 PsN: 39707 LEGACY OF THE TRANS-ATLANTIC SLAVE TRADE TUESDAY, DECEMBER 18, 2007 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON THE CONSTITUTION, CIVIL RIGHTS, AND CIVIL LIBERTIES, COMMITTEE ON THE JUDICIARY, Washington, DC. The Subcommittee met, pursuant to notice, at 10:10 a.m., in Room 2141, Rayburn House Office Building, the Honorable John Conyers, Jr. (Chairman of the Committee on the Judiciary) pre- siding. Present: Representatives Conyers, Nadler, Davis, Ellison, Scott, Watt, Cohen, Franks, Issa, King, and Jordan. Also Present: Representatives Delahunt and Jackson Lee. Staff Present: Kanya Bennett, Majority Counsel; Keenan Keller, Majority Counsel; David Lachmann, Subcommittee Chief of Staff; Paul B. Taylor, Minority Counsel; Crystal Jezierski, Minority Chief Oversight Counsel; and Caroline Mays, Professional Staff Member. Mr. CONYERS. Good morning. The Subcommittee will come to order. I am delighted to call up H.R. 40, a commission to study repara- tion proposals for the African American Act, and this hearing is being conducted through the auspices of the Subcommittee on the Constitution. Its Chair, Chairman Jerry Nadler, has kindly agreed to let me move this forward. I am joined by the distinguished gen- tleman, Mr. Franks, who has agreed to be the Ranking Member, as usual, on the Committee. We will begin by some brief comments. I will put my full statement into the record. Essentially, this is a first-time historical examination of the cir- cumstances surrounding the enslavement trade of Africans in the colonies in the United States. The purpose of the measure before us, House Resolution 40, is to create a commission to examine the institution of slavery, its lingering effects, and to make a series of recommendations to the Congress. So we do that through a com- mission that would consider a number of questions, and we would have a seven-person commission—three members appointed by the President of the United States, three appointed by the Speaker of the House of Representatives and one member appointed by the President Pro Tempore of the Senate. These persons would be espe- cially qualified to serve on the commission by virtue of their edu- cation, training or experience, particularly in the field of cultural relations, sociological considerations, African American studies, and other things. (1) VerDate 0ct 09 2002 12:08 Apr 08, 2008 Jkt 000000 PO 00000 Frm 00007 Fmt 6633 Sfmt 6601 H:\WORK\CONST\121807\39707.000 HJUD1 PsN: 39707 2 The interesting thing about the way this Committee is designed is that we do not limit it to merely the commissioner’s testimony. We would have field hearings where Americans across the country would be able to give their impressions and their views and opin- ions. We are delighted that this effort has
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