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Race and Sex Discrimination in Jury Service, 1868-1979 Dissertation

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Race and Sex Discrimination in Jury Service, 1868-1979 Dissertation Revising Constitutions: Race and Sex Discrimination in Jury Service, 1868-1979 Dissertation Presented in Partial Fulfillment of the Requirements for the Degree Doctor of Philosophy in the Graduate School of The Ohio State University By Meredith Clark-Wiltz Graduate Program in History The Ohio State University 2011 Dissertation Committee: Paula Baker, Advisor Susan M. Hartmann David Stebenne Copyright By Meredith Clark-Wiltz 2011 Abstract This dissertation examines the relationship between the Reconstruction-era civil rights revolution and the rights revolution of the 1960s and 1970s by tracing the history of sex and race discrimination in jury service policy and the social activism it prompted. It argues that the federal government created a bifurcated policy that simultaneously condemned race discrimination and condoned sex discrimination during Reconstruction, and that initial policy had a controlling effect on the development of twentieth-century jury service campaigns. While dividing civil rights activists‘ campaigns for defendants‘ and jury rights from white feminists‘ struggle for equal civic obligations, the policy also removed black women from the forefront of either campaign. Not until the 1960s did women of color emerge as central to both of these campaigns, focusing on equal civic membership and the achievement of equitable justice. Relying on activists‘ papers, organizational records, and court cases, this project merges the legal and political narrative with a history of social to reveal the complex and mutually shaping relationship between policy and social activism. This dissertation reveals the distinctive, yet interwoven paths of white women, black women, and black men toward a more complete attainment of citizenship rights and more equitable access to justice. ii Dedication To Oliver iii Acknowledgments During a recent conversation with a professor at Ohio State, I realized why I had avoided writing the acknowledgments for my dissertation earlier. He found the process of thanking everyone for their part in the creation of the project to be a wonderful and enjoyable exercise. Quite selfishly, I must admit that instead I feel a sense of sadness. I am a historian unsettled by change. I know that my relationships with my advisor and many other mentors will indelibly change and that my proximity to the wonderful community of scholars in the Department of History at OSU will also change. I will miss being a part of this vibrant community of scholars, colleagues, and friends—one full of people, who inspired, challenged, and supported me. My off-beat interest in jury composition only became a meaningful historical analysis because of the guidance of my dissertation advisor, Paula Baker. Her dedication, sense of humor, and sheer brilliance make her an unparalleled mentor. She has simultaneously expressed faith in my capabilities and challenged me to improve. Above all else, I will miss hearing her reassurances, sage advice, and fantastic stories over coffee. During my graduate studies, I have also been lucky enough to work with Susan M. Hartmann. Her high expectations, generous feedback, and kindness have left their mark on this project and pushed me to become a better scholar. Leigh Ann Wheeler, my thesis advisor at Bowling Green State University, encouraged my earliest undertakings on this project and urged me to approach my questions broadly and boldly. I admire her strength, determination, and warmth more than she knows. My undergraduate mentor, Mary Kaiser, sparked my interest in U.S. women‘s history, helped me continue my academic pursuits, and remains a source of support. Donald G. Nieman and David Stebenne have helped me navigate the world of legal and constitutional history, and I am especially grateful for their suggestions directed at making this project appeal to a larger audience. Many others at Ohio State have contributed to this project and have assisted in my academic career successful. In my first class at OSU, I witnessed a model teacher, Kevin Boyle, who taught me the importance of storytelling. Donna Guy pushed me to compare women‘s experiences across the globe, and her enthusiasm was infectious. David Staley, Scott Levi, Judy Wu, and Birgitte Soland extended opportunities that assisted with my iv professionalization. Others shared insights on my work and helped me grow as a historian at OSU, and I give my deepest thanks to Manse Blackford, Bill Childs, Stephanie Smith, and Kate Haulman. I am also indebted to several staff members, including Joby Abernathy, Jim Bach, Gail Summerhill, Chris Burton, Chris Aldridge, and Rich Ugland. Each of them made the everyday negotiation of department and university operations easier and made the sense of community within Dulles Hall brighter. My research benefited substantially from the generous resources of several awards and institutions. The Department of History at Ohio State provided invaluable support throughout this process. In addition to teaching opportunities and financial backing, the Department presented me with the Genevieve Brown Gist Research Award in Women‘s History twice, allowing me to fund several research projects. I have also received support from the College of Humanities Small Grants Program, which allowed me to attend conferences. The Women‘s Studies Department and Coca-Cola Critical Difference Research Grant offered me resources to finance necessary archival research. I am thankful for the archivists, librarians and research staff who assisted me in the tedious, but rewarding process of accessing historical records and secondary materials. At the Library of Congress, both Bonnie B. Coles and Patrick Kerwin provided me with access to invaluable manuscript collections, suggested additional materials for me to reference, and helped me before, during, and after my trip to Washington, D.C. Amy Hague, the Curator of Manuscripts at the Sophia Smith Collections at Smith College offered her expertise and made the process of retrieving numerous collections seem effortless. The staff, most notably Sarah Dunbar Hambleton, at the Schlesinger Library also proved to be indispensible, and I am grateful for all of their help. Finally, David Lincove, professor and librarian at Ohio State, generously offered support from the earliest stages of my project. My work has benefited from the thoughtful insights and comments of numerous colleagues met through my participation at conferences. Alison Parker and Carol Faulkner offered encouragement and keen advice on my work, and they allowed me the opportunity to present my work at the Gender and Race in American History Conference at the University of Rochester. There, Victoria Wolcott, Deborah Gray White, and Michelle Mitchell, among many others, contributed to my progress. I have also benefited from the comments of Liette Gidlow, Eileen McDonagh, and Susanna Lee who offered suggestions at particularly important points of my progress. I am indebted to the work of Martha Jones, Barbara Savage, and others in the Black Women‘s Intellectual and Cultural v History Collective, who allowed me to present at their conference and encouraged me to continue my work. I have also been fortunate enough to establish meaningful friendships with several graduate students during my time at Ohio State. Jessica Pliley, Audra Jennings, Angela Ryan, and Mindy Farmer introduced me to the women‘s history program and continue to offer support and advice. Lawrence Bowdish, Hunter Price, Octavian Robinson, Greg Kupsky, Brian Feltman, Matt Foulds, and Anna Peterson have commiserated with me over the stress of this process and helped me celebrate the highs it offers. Two of my closest friends have stood by me throughout this process, and I am certain I would not have survived it without their unyielding support. Sheila Jones encouraged me through my masters‘ work at BGSU. She continues to read my work and offer sage advice. Her friendship has meant more to me than she knows. Lindsey Patterson has become my greatest source of strength in the past four years; she has seen me at my lowest, stood by my side during trying times, and always required me to commemorate each milestone. Without Lindsey and Sheila, graduate school would have been a lonely place. My family remains an unswerving source of love and support. My parents, Carol and Bradd, stressed the importance of education, offered me opportunities to learn, and encouraged me to follow my heart. I certainly would not have had the luxury of this academic path without all that they have done for me. My sister, Charlotte remains a close and trusted ally and one of my biggest supporters. I still hope one day that I will become the writer that she is. My in-laws, Sonny and Lois, have also provided great encouragement throughout this long process, and I appreciate their interest in my path. Steven, my husband, has taken this long road with me. He always believed in me and selflessly helped me through every stage. He read every draft, listened to every presentation, celebrated every achievement, and softened every fall. I cannot imagine this journey without his love and support. Our son, Oliver, had offered me new joy and radically shaped my priorities. Though he is only two years old, he has influenced my life in ways I could not have predicted. He has become my true inspiration. vi Vita 2000..........................................................Lafayette High School 2004..........................................................B.A. English, History, and Political Science University of
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