DOCSLIB.ORG

Your Name Here

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Your Name Here YAPPING DOGS: JOE T. PATTERSON AND THE LIMITS OF MASSIVE RESISTANCE by ROBERT E. LUCKETT, JR. (Under the Direction of Robert A. Pratt) ABSTRACT This dissertation focuses on Joe T. Patterson, Attorney General of the State of Mississippi from 1956 until his death in office in 1969. As a prominent white politician in the Deep South, he was an outspoken segregationist. At the same time, he was a “man of the law.” As Attorney General, Patterson defended the legal implementations of Jim Crow in the state, but he also had to enforce federal law, as interpreted by the Fifth Circuit Court of Appeals and the Supreme Court. Those interpretations undermined segregation and black disfranchisement during Patterson’s four terms in office, which forced him to both defend and attack the foundations of Jim Crow. For his efforts, Patterson reaped criticism from each side of the civil rights movement. To the most adamant racists like Mississippi’s Governor, Ross Barnett, he was a traitor—a “Kennedy liberal” and the man responsible for James Meredith’s successful integration of the University of Mississippi. In fact, Patterson opposed Meredith’s admission with the full force of his office, but, once all legal barriers had been removed, he played a key, albeit unwanted, role in getting Meredith safely to Oxford. For those sympathetic to the civil rights movement, Patterson was a daunting foe. His ability to claim Barnett as a political enemy and his law-and-order record allowed him leeway in the eyes of the national media and the federal government, which made his brand of segregation quite effective. While Patterson claimed to enforce the letter of federal law, he forestalled its spirit through his dedication to a type of “color-blind” politics that explicitly ignored race as a determining factor but implicitly was all about the maintenance of white power. Difficult to define and undermine, his ideas were at the forefront of a burgeoning conservative movement throughout the nation. Rejecting racial demagogues and violence, the white voters of the state turned to Patterson in order to better forestall the encroachments of the civil rights movement. INDEX WORDS: Joe T. Patterson, Civil Rights Movement, Segregation, Disfranchisement, Ross Barnett, Paul Johnson, James P. Coleman, John McLaurin, Mississippi, Brown v. Board of Education, Citizens’ Council, Sovereignty Commission, Erle Johnston, Robert Kennedy, John Kennedy, Burke Marshall, James Meredith, University of Mississippi, Voting Rights Act, Civil Rights Act, Mississippi Freedom Democratic Party, Clyde Kennard YAPPING DOGS: JOE T. PATTERSON AND THE LIMITS OF MASSIVE RESISTANCE by ROBERT E. LUCKETT, JR. B.A., Yale University, 1999 A Dissertation Submitted to the Graduate Faculty of The University of Georgia in Partial Fulfillment of the Requirements for the Degree DOCTOR OF PHILOSOPHY ATHENS, GEORGIA 2009 © 2009 Robert E. Luckett, Jr. All Rights Reserved YAPPING DOGS: JOE T. PATTERSON AND THE LIMITS OF MASSIVE RESISTANCE by ROBERT E. LUCKETT, JR. Major Professor: Robert A. Pratt Committee: James C. Cobb Edward Larson Derrick Alridge Electronic Version Approved: Maureen Grasso Dean of the Graduate School The University of Georgia May 2009 DEDICATION This dissertation is dedicated to my father, Robert E. Luckett, who believed in the value of education and in its power to help people achieve their dreams. iv ACKNOWLEDGEMENTS It’s hard to know where to begin when it comes to acknowledging those people who made it possible for me to get where I am today. The journey that has brought me to this point was unforeseeable when I left Mississippi for Yale in 1995. Little did I know at the time, but I was entering a world, where I would learn to think for myself, which thankfully led me away from law school. My experiences over six years in New Haven changed me for the better, and the people I lived and learned with there informed the person I became. First, my college roommate and best friend for the past fifteen years, Danny Sims, has been a constant source of encouragement and fun. Without his example and presence in my life, I may not have made it through my undergraduate days. There were so many friends at Yale, though, who pushed me down this path that it would be impossible to name them all. A few must be recognized: Freddy Sheahan, Ryan Joelson, Katy Grubbs, Hugh Flick, Kelly Brownell, Robyn Harris Stout, Mike May, Nathan Gault, and the list could go on. All of them have made my life richer. I also must thank Glenda Gilmore because, if it had not been for her, I would have never applied to graduate school and specifically to the University of Georgia. For that, I am eternally grateful. As for my grad school experience, I could not have been luckier than to have spent eight years with the company of scholars and friends I found in Athens. From the beginning, I was challenged to become the best historian I could be, and I thank the faculty there for all that they did to make me realize what the study of history could contribute to the world around me. Jim Cobb, John Inscoe, Ed Larson, Kathleen Clark, Paul Sutter, Derrick Alridge, and Bryant Simon v all had an indelible impact, but in particular Robert Pratt accepted me under his tutelage and turned out to be the best advisor this grad student could have imagined. His door was always open, and he provided anything and everything that I ever needed or even asked for. I learned more about scholarship and teaching from him than I could possibly recount here. I am deeply indebted to his example. There were other scholars and archivists of course whose help was immeasurable in the pursuit of a PhD. I’d particularly like to thank my high school history teacher and basketball coach, Richard Wilkinson, who first inspired my love of history and had as big of an impact on my life as anyone outside my own parents. Bill Patterson and the entire Patterson family made this dissertation a possibility. Laurie Kane and Vici Payne literally make the history department at UGA run and were always there for me when I needed them. Joe Crespino’s scholarship and willingness to encourage a no-name grad student were extremely influential. And, then, there was John Dittmer. His book Local People made me want to become a civil rights historian. In the archives, where projects like this one either live or die, so many people provided essential assistance that I cannot remember them all. The entire staff at the Mississippi Department of Archives and History helped me at one point or another, and Mattie Sink in the Mitchell Library at Mississippi State as well as Jennifer Ford and Leigh McWhite at Ole Miss were indispensable in their knowledge and support. Various staff members at the National Archives in College Park and the Library of Congress were also immensely helpful as were the people at the Kennedy Presidential Library in Boston, where a research grant made it possible for me to spend time in its incredible collections. With that said, the people that I met in Athens, especially graduate students, saw me safely through the best and worst times of my life. All the nights I spent at Foxz and on my front vi porch swing were highlighted by the company of great friends. In this case, the list is not a small one: Ivy Holliman, Bert Way, Judkin Browning, Bruce Stewart, Chris Manganiello, Chris and Allison Huff, Ichiro Miyata, John and Kim Turner, Sara Sylvester, Betty Thomas, Justin Nystrom, Anita Kishore, Anne Marshall, Jim Giesen, Cassie Sheldon, Daniel Seaton, Marija Bekafigo, Matt Stambaugh, and Alex Hayes all made for an incomparable amount of good times. But, far and away, the boys of Local 578 were the ones who made my days in Athens special. John Hayes and Frank Forts are two of the best people I know, and their friendship will forever be cherished. I also have been lucky enough to have had the constant support and love of my family. From the Lucketts to Bee, Rick, Taylor, and Mae, my extended family is the best anyone could ask for. Most of all, I have my parents to thank. I cannot put into words all that my mother and father have meant to me. I will never be able to fill his shoes, but Dad’s example is the only inspiration I will ever need. I miss him every day but know that he has seen me through all that’s brought me here. As for Mom, she has wanted nothing but the best for me. She has worked tirelessly toward that end and never asked for anything but my love in return. I owe her the world and can only strive to be half the human being she is. I am so thankful that C.B. Carroll has come into her life to be her rock. Finally, I have Serenity, Rhett, and Eva to thank for bringing long lost fulfillment to my life. Along with Molly and Jackson, our family means the world to me. I hope that I can prove to be a father and husband that they will be proud of. Thank you, Serenity. vii TABLE OF CONTENTS Page ACKNOWLEDGEMENTS.............................................................................................................v INTRODUCTION: The Mississippian’s Dilemma ........................................................................1 CHAPTER 1 The Road to Attorney General.....................................................................................30 2 Brown and the Sovereignty Commission.....................................................................69 3 Clyde Kennard and an Expanding Movement...........................................................104 4 Ross Barnett and the Hardliners ................................................................................140
Load more

Recommended publications
  • William F. Winter and the Politics of Racial Moderation in Mississippi
    WILLIAM WINTER AND THE POLITICS OF RACIAL MODERATION 335 William F. Winter and the Politics of Racial Moderation in Mississippi by Charles C. Bolton On May 12, 2008, William F. Winter received the Profile in Courage Award from the John F. Kennedy Foundation, which honored the former Mississippi governor for “championing public education and racial equality.” The award was certainly well deserved and highlighted two important legacies of one of Mississippi’s most important public servants in the post–World War II era. During Senator Edward M. Kennedy’s presentation of the award, he noted that Winter had been criticized “for his integrationist stances” that led to his defeat in the gubernatorial campaign of 1967. Although Winter’s opponents that year certainly tried to paint him as a moderate (or worse yet, a liberal) and as less than a true believer in racial segregation, he would be the first to admit that he did not advocate racial integration in 1967; indeed, much to his regret later, Winter actually pandered to white segregationists in a vain attempt to win the election. Because Winter, over the course of his long career, has increasingly become identified as a champion of racial justice, it is easy, as Senator Kennedy’s remarks illustrate, to flatten the complexity of Winter’s evolution on the issue CHARLES C. BOLTON is the guest editor of this special edition of the Journal of Mississippi History focusing on the career of William F. Winter. He is profes- sor and head of the history department at the University of North Carolina at Greensboro.
    [Show full text]
  • LYCEUM-THE CIRCLE HISTORIC DISTRICT Page 1 United States Department of the Interior, National Park Service National Register of Historic Places Registration Form
    NATIONAL HISTORIC LANDMARK NOMINATION NPS Form 10-900 USDI/NPS NRHP Registration Form (Rev. 8-86) OMB No. 1024-0018 LYCEUM-THE CIRCLE HISTORIC DISTRICT Page 1 United States Department of the Interior, National Park Service National Register of Historic Places Registration Form 1. NAME OF PROPERTY Historic Name: Lyceum-The Circle Historic District Other Name/Site Number: 2. LOCATION Street & Number: University Circle Not for publication: City/Town: Oxford Vicinity: State: Mississippi County: Lafayette Code: 071 Zip Code: 38655 3. CLASSIFICATION Ownership of Property Category of Property Private: Building(s): ___ Public-Local: District: X Public-State: X Site: ___ Public-Federal: Structure: ___ Object: ___ Number of Resources within Property Contributing Noncontributing 8 buildings buildings 1 sites sites 1 structures structures 2 objects objects 12 Total Total Number of Contributing Resources Previously Listed in the National Register: ___ Name of Related Multiple Property Listing: NPS Form 10-900 USDI/NPS NRHP Registration Form (Rev. 8-86) OMB No. 1024-0018 LYCEUM-THE CIRCLE HISTORIC DISTRICT Page 2 United States Department of the Interior, National Park Service National Register of Historic Places Registration Form 4. STATE/FEDERAL AGENCY CERTIFICATION As the designated authority under the National Historic Preservation Act of 1966, as amended, I hereby certify that this ____ nomination ____ request for determination of eligibility meets the documentation standards for registering properties in the National Register of Historic Places and meets the procedural and professional requirements set forth in 36 CFR Part 60. In my opinion, the property ____ meets ____ does not meet the National Register Criteria.
    [Show full text]
  • Medgar Evers: Mississippi Martyr'
    H-1960s McDaniel on Williams, 'Medgar Evers: Mississippi Martyr' Review published on Monday, January 6, 2014 Michael Vinson Williams. Medgar Evers: Mississippi Martyr. Fayetteville: University of Arkansas Press, 2011. 453 pp. $34.95 (cloth), ISBN 978-1-55728-973-5. Reviewed by Hayden McDaniel (University of Southern Mississippi)Published on H-1960s (January, 2014) Commissioned by Zachary Lechner Throughout the twentieth century, activists in Mississippi sought to address attacks on African Americans as they challenged the southern status quo. Indicative of the traditional civil rights movement period of activism was the work of Mississippian Medgar Wiley Evers. His tenure as field secretary for the National Association for the Advancement of Colored People (NAACP) represented the convergence of a national organization working on the local scale and exposed the strictures that often constrained localized activist efforts. Evers was an ideal example of dedicated local activism at whatever cost, illustrated through his claim that "I may be going to heaven or hell.... But I'll be going from Jackson" (p. 267). Evers argued that the way to reform the South was not to leave it, as many African Americans had done before him. Instead, he believed in his home state and in the ability of the South to change to such an extent that he sought to reform it from the inside, a decision that affected his life forever. Michael Vinson Williams, assistant professor of history and African American studies at Mississippi State University, provides Medgar Evers: Missippippi Martyr, the first definitive biography of Evers. The only similar volume, a work from historian Manning Marable with Myrlie Evers-Williams, is an autobiography of Evers produced through a compilation of Evers's writings,The Autobiography of Medgar Evers: A Hero's Life and Legacy Revealed through His Writings, Letters, and Speeches (2006).
    [Show full text]
  • United States V. Director Alabama Personnel Department
    317 F.Supp. 1079 (1970) UNITED STATES of America by John N. MITCHELL, Attorney General, Plaintiff, v. John S. FRAZER, as Director, Alabama Personnel Department, Tom J. Ventress, as Chairman, State Personnel Board, James A. Simpson, as a Member, State Personnel Board, Ralph W. Adams, as a Member, State Personnel Board, Frank House, as Commissioner and Director, Alabama Department of Pensions and Security, Robert G. Kendall, Jr., as Director, Alabama Department of Industrial Relations, Ira L. Myers, as State Health Officer and Director, Alabama Department of Public Health, Ernest Stone, as Superintendent and Director, Alabama Department of Education, Stonewall B. Stickney, as State Mental Health Officer and Director, Alabama Department of Mental Health, and J. Frank Manderson, as Director, Alabama Department of Civil Defense, Defendants. Civ. A. No. 2709-N. United States District Court, M. D. Alabama, N. D. July 28, 1970. 10801081 *1080 *1081 Jerris Leonard, Asst. Atty. Gen., U. S. Dept. of Justice, David L. Rose, Harold Himmelman and Andrew J. Ruzicho, Attys., U. S. Dept. of Justice, Washington, D. C., and Ira DeMent, U. S. Atty., Montgomery, Ala., for plaintiff. MacDonald Gallion, Atty. Gen. of Alabama, Gordon Madison, Mary Lee Stapp, William N. McQueen, Bernard F. Sykes and Jamie L. Pettigrew, Asst. Attys. Gen., J. Eugene Foster, Gen. Counsel, Dept. of Industrial Relations, Thomas W. Thagard, Jr., Sp. Asst. Atty. Gen., of Smith, Bowman, Thagard, Crook and Culpepper, Montgomery, Ala., James A. Simpson, of Lange, Simpson, Robinson & Somerville,
    [Show full text]
  • Emmett Till & the Modernization of Law
    Saint Louis University School of Law Scholarship Commons All Faculty Scholarship 2009 The ioleV nt Bear it Away: Emmett iT ll & the Modernization of Law Enforcement in Mississippi Anders Walker Saint Louis University School of Law Follow this and additional works at: https://scholarship.law.slu.edu/faculty Part of the Civil Rights and Discrimination Commons, Criminal Law Commons, and the Supreme Court of the United States Commons Recommended Citation Walker, Anders, The ioV lent Bear it Away: Emmett iT ll & the Modernization of Law Enforcement in Mississippi (October 27, 2008). San Diego Law Review, Vol. 46, p. 459, 2009. This Article is brought to you for free and open access by Scholarship Commons. It has been accepted for inclusion in All Faculty Scholarship by an authorized administrator of Scholarship Commons. For more information, please contact [email protected], [email protected]. THE VIOLENT BEAR IT AWAY EMMETT TILL & THE MODERNIZATION OF LAW ENFORCEMENT IN MISSISSIPPI ∗ ANDERS WALKER ABSTRACT Few racially motivated crimes have left a more lasting imprint on American memory than the death of Emmett Till. Yet, even as Till’s murder in Mississippi in 1955 has come to be remembered as a catalyst for the civil rights movement, it contributed to something else as well. Precisely because it came on the heels of the Supreme Court’s 1954 ruling in Brown v. Board of Education, Till’s death convinced Mississippi Governor James P. Coleman that certain aspects of the state’s handling of racial matters had to change. Afraid that popular outrage over racial violence might encourage federal intervention in the region, Coleman removed power from local sheriffs, expanded state police, and modernized the state’s criminal justice apparatus in order to reduce the chance of further racial violence in the state.
    [Show full text]
  • Mll I.-I CHIEF JUDGE JOHN R
    Mll I.-I CHIEF JUDGE JOHN R. BROWN John R. Brown is a native Nebraskan. He was born in the town of Holdredge on December 10, 1909. Judge Brown remained in Ne- braska through his undergraduate education and received an A.B. degree in 1930 from the University of Nebraska. The Judge's legal education was attained at the University of Michigan, from which he received a J.D. degree in 1932. Both of Judge Brown's alma maters have conferred upon him Honorary LL.D. degrees. The University of Michigan did so in 1959, followed by the University of Nebraska in 1965. During World War II, the Judge served in the United States Air Force. Judge Brown was appointed to the United States Court of Ap- peals by President Eisenhower in July, 1955. Twelve years later, in July, 1967, he became Chief Judge of the Fifth Circuit Court of Appeals. Since 1967 the Judge has represented the Fifth Circuit at the Judicial Conference of the United States, as well as having been a member of its executive committee since 1972. The Judge is also a member of the Houston Bar Association, the Texas Bar Association, the American Bar Association, and the Maritime Law Association of the United States. Judge Brown is married to the former Mary Lou Murray and has one son, John R., Jr. The Judge currently lives in Houston. i, iiI IVA JUDGE RICHARD T. RIVES Richard T. Rives was born in Montgomery, Alabama, on Janu- ary 15, 1895. He attended Tulane University in the years 1911 and 1912.
    [Show full text]
  • Biographical Description for the Historymakers® Video Oral History with Dorie Ladner
    Biographical Description for The HistoryMakers® Video Oral History with Dorie Ladner PERSON Ladner, Dorie, 1942- Alternative Names: Dorie Ladner; Life Dates: June 28, 1942- Place of Birth: Hattiesburg, Mississippi, USA Residence: Washington, D.C. Occupations: Civil Rights Activist; City Social Service Worker Biographical Note Civil rights activist Dorie Ann Ladner was born on June 28, 1942, in Hattiesburg, Mississippi. As an adolescent, she became involved in the NAACP Youth Chapter where Clyde Kennard served as advisor. Ladner got involved in the Civil Rights Movement and wanted to be an activist after hearing about the murder of Emmitt Till. After graduating from Earl Travillion High School as salutatorian, alongside her sister, Joyce Ladner, she went on to enroll at Jackson State University. Dedicated to the fight for civil rights, Ladner, she went on to enroll at Jackson State University. Dedicated to the fight for civil rights, during their freshmen year at Jackson State, she and her sister attended state NAACP meetings with Medgar Evers and Eileen Beard. That same year, Ladner was expelled from Jackson State for participating in a protest against the jailing of nine students from Tougaloo College. In 1961, Ladner enrolled at Tougaloo College where she became engaged with the Freedom Riders. During the early 1960s, racial hostilities in the South caused Ladner to drop out of school three times to join the Student Nonviolent Coordinating Committee (SNCC). In 1962, she was arrested along with Charles Bracey, a Tougaloo College student, for attempting to integrate the Woolworth’s lunch counter. She joined with SNCC Project Director Robert Moses and others from SNCC and the Congress of Racial Equality (CORE) to register disenfranchised black voters and integrate public accommodations.
    [Show full text]
  • Supreme Court of the United States ———— RIMS BARBER, Et Al., Petitioners, V
    No. 17-___ IN THE Supreme Court of the United States ———— RIMS BARBER, et al., Petitioners, v. GOVERNOR PHIL BRYANT, et al., Respondents. ———— On Petition for a Writ of Certiorari to the United States Court of Appeals for the Fifth Circuit ———— PETITION FOR A WRIT OF CERTIORARI ———— PAUL SMITH DONALD B. VERRILLI, JR. 600 New Jersey Ave. NW Counsel of Record Washington, DC 20001 GINGER D. ANDERS ADELE M. EL-KHOURI MUNGER, TOLLES & OLSON LLP 1155 F Street NW 7th Floor Washington, D.C. 20004 (202) 220-1100 [email protected] Counsel for Petitioners October 10, 2017 ROBERT B. MCDUFF SUSAN L. SOMMER 767 North Congress Street LAMBDA LEGAL DEFENSE & Jackson, MS 39202 EDUCATION FUND, INC. 120 Wall Street, 19th Floor BETH L. ORLANSKY New York, NY 10005 MISSISSIPPI CENTER FOR JUSTICE ELIZABETH LITTRELL P.O. Box 1023 LAMBDA LEGAL DEFENSE & Jackson, MS 39215-1023 EDUCATION FUND, INC. 730 Peachtree Street Suite 640 Atlanta, GA 30308 i QUESTIONS PRESENTED In Obergefell v. Hodges, 135 S. Ct. 2584 (2015), this Court held that the Constitution entitles same- sex couples to join in civil marriage on the same terms as different-sex couples. In response, Missis- sippi enacted the Protecting Freedom of Conscience from Government Discrimination Act, Miss. Code Ann. § 11-62-1 et seq. (2016) (“HB 1523”). HB 1523 grants broad immunity to any person who commits enumerated acts of discrimination on the basis of religious beliefs or moral convictions opposing mar- riage of same-sex couples; transgender individuals; and sexual relations outside of a male-female mar- riage. The court of appeals held that petitioners, who do not share the endorsed beliefs, lack standing un- der the Establishment Clause because the religious endorsement takes the form of a statute rather than a religious display that they can physically encoun- ter, and held that they lack standing under the Equal Protection Clause because they have suffered no unequal treatment.
    [Show full text]
  • Barber V. Bryant, No
    Case 3:16-cv-00442-CWR-LRA Document 35 Filed 06/30/16 Page 1 of 60 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI NORTHERN DIVISION RIMS BARBER; CAROL BURNETT; PLAINTIFFS JOAN BAILEY; KATHERINE ELIZABETH DAY; ANTHONY LAINE BOYETTE; DON FORTENBERRY; SUSAN GLISSON; DERRICK JOHNSON; DOROTHY C. TRIPLETT; RENICK TAYLOR; BRANDIILYNE MANGUM- DEAR; SUSAN MANGUM; JOSHUA GENERATION METROPOLITAN COMMUNITY CHURCH; CAMPAIGN FOR SOUTHERN EQUALITY; and SUSAN HROSTOWSKI CAUSE NO. 3:16-CV-417-CWR-LRA V. consolidated with CAUSE NO. 3:16-CV-442-CWR-LRA PHIL BRYANT, Governor; JIM HOOD, DEFENDANTS Attorney General; JOHN DAVIS, Executive Director of the Mississippi Department of Human Services; and JUDY MOULDER, State Registrar of Vital Records MEMORANDUM OPINION AND ORDER The plaintiffs filed these suits to enjoin a new state law, “House Bill 1523,” before it goes into effect on July 1, 2016. They contend that the law violates the First and Fourteenth Amendments to the United States Constitution. The Attorney General’s Office has entered its appearance to defend HB 1523. The parties briefed the relevant issues and presented evidence and argument at a joint hearing on June 23 and 24, 2016. The United States Supreme Court has spoken clearly on the constitutional principles at stake. Under the Establishment Clause of the First Amendment, a state “may not aid, foster, or Case 3:16-cv-00442-CWR-LRA Document 35 Filed 06/30/16 Page 2 of 60 promote one religion or religious theory against another.” Epperson v. Arkansas, 393 U.S. 97, 104 (1968). “When the government acts with the ostensible and predominant purpose of advancing religion, it violates that central Establishment Clause value of official religious neutrality, there being no neutrality when the government’s ostensible object is to take sides.” McCreary Cnty., Kentucky v.
    [Show full text]
  • Constance Baker Motley, James Meredith, and the University of Mississippi
    CONSTANCE BAKER MOTLEY, JAMES MEREDITH, AND THE UNIVERSITY OF MISSISSIPPI Denny Chin* & Kathy Hirata Chin** INTRODUCTION In 1961, James Meredith applied for admission to the University of Mississippi. Although he was eminently qualified, he was rejected. The University had never admitted a black student, and Meredith was black.1 Represented by Constance Baker Motley and the NAACP Legal De- fense and Educational Fund (LDF), Meredith brought suit in the United States District Court for the Southern District of Mississippi, alleging that the university had rejected him because of his race.2 Although seven years had passed since the Supreme Court’s ruling in Brown v. Board of Education,3 many in the South—politicians, the media, educators, attor- neys, and even judges—refused to accept the principle that segregation in public education was unconstitutional. The litigation was difficult and hard fought. Meredith later described the case as “the last battle of the * United States Circuit Judge, United States Court of Appeals for the Second Circuit. ** Senior Counsel, Cadwalader, Wickersham & Taft LLP. 1. See Meredith v. Fair, 305 F.2d 343, 345–46 (5th Cir. 1962) (setting forth facts); Meredith v. Fair, 298 F.2d 696, 697–99 (5th Cir. 1962) (same). The terms “black” and “Afri- can American” were not widely used at the time the Meredith case was litigated. Although the phrase “African American” was used as early as 1782, see Jennifer Schuessler, The Term “African-American” Appears Earlier than Thought: Reporter’s Notebook, N.Y. Times: Times Insider (Apr. 21, 2015), http://www.nytimes.com/times-insider/2015/04/21/ the-term-african-american-appears-earlier-than-thought-reporters-notebook/ (on file with the Columbia Law Review); Jennifer Schuessler, Use of ‘African-American’ Dates To Nation’s Earliest Days, N.Y.
    [Show full text]
  • Emmett Till and the Modernization of Law Enforcement in Mississippi
    CORE Metadata, citation and similar papers at core.ac.uk Provided by University of San Diego San Diego Law Review Volume 46 | Issue 2 Article 6 5-1-2009 The ioleV nt Bear It Away: Emmett iT ll and the Modernization of Law Enforcement in Mississippi Anders Walker Follow this and additional works at: https://digital.sandiego.edu/sdlr Part of the Law Commons Recommended Citation Anders Walker, The Violent Bear It Away: Emmett iT ll and the Modernization of Law Enforcement in Mississippi, 46 San Diego L. Rev. 459 (2009). Available at: https://digital.sandiego.edu/sdlr/vol46/iss2/6 This Article is brought to you for free and open access by the Law School Journals at Digital USD. It has been accepted for inclusion in San Diego Law Review by an authorized editor of Digital USD. For more information, please contact [email protected]. WALKER_FINAL_ARTICLE[1] 7/8/2009 9:00:38 AM The Violent Bear It Away: Emmett Till and the Modernization of Law Enforcement in Mississippi ANDERS WALKER* TABLE OF CONTENTS I. INTRODUCTION .................................................................................................. 460 II. LESSONS FROM THE PAST ................................................................................... 464 III. RESISTING “NULLIFICATION” ............................................................................. 468 IV. M IS FOR MISSISSIPPI AND MURDER.................................................................... 473 V. CENTRALIZING LAW ENFORCEMENT .................................................................
    [Show full text]
  • *SS01/R763.1* MISSISSIPPI LEGISLATURE REGULAR SESSION 2006 By: Senator(S) Horhn, Harden, Williamson, Dawkins, Jordan, Thomas, Bu
    MISSISSIPPI LEGISLATURE REGULAR SESSION 2006 By: Senator(s) Horhn, Harden, Williamson, To: Rules Dawkins, Jordan, Thomas, Butler, Jackson (11th), Jackson (32nd), Turner, Simmons, Frazier SENATE CONCURRENT RESOLUTION NO. 543 1 A CONCURRENT RESOLUTION ACKNOWLEDGING THE INNOCENCE OF CLYDE 2 KENNARD, THE FIRST BLACK STUDENT TO APPLY FOR ADMITTANCE AT THE 3 UNIVERSITY OF SOUTHERN MISSISSIPPI, AND DECLARING THAT THE STATE 4 OF MISSISSIPPI DENIED HIM JUSTICE AND SHOULD EITHER PARDON OR 5 RETRY HIM TO RESTORE HIS REPUTATION. 6 WHEREAS, Clyde Kennard, an African-American decorated war 7 veteran and farmer, repeatedly tried to become the first black 8 student to enroll at the University of Southern Mississippi (USM), 9 but his false arrest has been called by researchers as the saddest 10 event of the civil rights movement in Mississippi; and 11 WHEREAS, when Clyde Kennard refused to give up his quest to 12 become the first black student to enroll at the University of 13 Southern Mississippi, authorities sent him to state prison in 1960 14 for seven years; and 15 WHEREAS, a three-month investigation by The Clarion-Ledger 16 has revealed the decorated Army veteran was locked up for a crime 17 he never committed. In the 1960 trial, 19-year-old Johnny Lee 18 Roberts testified Kennard, a 33-year-old devout Baptist and 19 farmer, put him up to breaking into Forrest County Co-op to steal 20 $25.00 in feed, even describing how he should leave the warehouse 21 door unlocked. Now, 45 years later, Roberts said none of that is 22 true, and he said he's willing to swear under oath that Clyde 23 Kennard never put him up to the burglary, or asked him to do 24 anything illegal; and 25 WHEREAS, born in 1927, Kennard's early life foreshadowed a 26 grim future, at the age of 4, his father died.
    [Show full text]