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African American Lawyers in the Jim Crow South In UNIVERSITY OF CALIFORNIA, SAN DIEGO Legal Subversives: African American Lawyers in the Jim Crow South A dissertation submitted in partial satisfaction of the requirements for the degree Doctor of Philosophy in History by David Kenneth Pye Committee in charge: Professor Michael E. Parrish, Chair Professor Ross Frank Professor Michael Monteon Professor Eric Van Young Professor Daniel Widener 2010 Copyright David Kenneth Pye, 2010 All rights reserved. The Dissertation of David Kenneth Pye is approved, and it is acceptable in quality and form for publication on microfilm and electronically: Chair University of California, San Diego 2010 iii TABLE OF CONTENTS Signature Page……………………………………………………………………………iii Table of Contents………………………………………………………………................iv Vita …………………………………..……………………………………………………v Abstract…………………………………………………………………………………...vi Chapter 1: Introduction……………………………………………………………………1 Chapter 2: Becoming an African American Lawyer…………………………………….18 Chapter 3: Before “Civil Rights” Was in Vogue………………………………………...61 Chapter 4: We People Darker Than Blue: Class and Status in Black America ………..125 Chapter 5: Things Fell Apart: The NAACP, Intra-Racial Interest Convergence and Brown v. Board of Education…………………………………………………………………..156 References………………………………………………………………………………201 iv VITA 1999 B.A. University of North Carolina at Chapel Hill 2001 M.A. University of Georgia 2010 Ph.D. University of California, San Diego PUBLICATIONS “Complex Relations: An African-American Lawyer Navigates Jim Crow Atlanta,” Georgia Historical Quarterly, Winter 2008. Review of Black, Brown, Yellow, and Left: Radical Activism in Los Angeles, by Laura Pulido, in The Journal of San Diego History, Fall 2009. Review of The Great Black Way: L.A. in the 1940s and the Lost African American Renaissance, by R.J. Smith, in The Journal of San Diego History, Summer 2008. Review of I am a Man! Race, Manhood, and the Civil Rights Movement, by Steve Estes, in The Southern Historian, Spring 2007. Review of White Women, Rape, and the Power of Race in Virginia, 1900- 1960, by Lisa Dorr, in The Southern Historian, Spring 2006. Review of My Face is Black is True: Callie House and the Struggle for Ex-Slave Reparations, by Mary Frances Berry, in the Georgia Historical Quarterly, Summer 2006. FIELDS OF STUDY Major Field: United States History (American Legal History) Minor Field: Brazilian History v ABSTRACT OF THE DISSERTATION Legal Subversives: African American Lawyers in the Jim Crow South by David Kenneth Pye Doctor of Philosophy in History University of California, 2010 Professor Michael E. Parrish, Chair This dissertation addresses one major theme: the nature of African American lawyers’ work during Jim Crow, when the very system that created the need for their existence relied upon the myth of the innate inferiority of the race. Rather than focusing on well-known lawyers, “Legal Subversives” seeks to include lesser-known figures and local lawyers into the historiography of African Americans and the law. The inability of African Americans to enjoy access to legal educations within their states created a chasm between the African American masses and the proper level of legal representation required to address the needs of a population not long emancipated from enslavement. Previous books on lawyers have focused exclusively on elite lawyers, perhaps because of vi the easier availability of source material, and do not provide an adequate picture of the African American quest to attain professional credentials during Jim Crow. African American lawyers employed strategies in the Jim Crow era that provide evidence of paths not taken by the National Association for the Advancement of Colored People (NAACP) and the mainstream, organized civil rights movement following Brown v. Board of Education in 1954. After Brown, civil rights became synonymous with Fourteenth Amendment equal protection claims. But local lawyers’ legal approaches demonstrate a much broader conception of “civil rights” than would become the norm in later decades. “Legal Subversives” is also an attempt to engage discussions of the role African American professionals, in general, held during the period of legalized discrimination based on race. Lawyers operated within a different situation than other professionals; they often had to compete directly with white adversaries. Most professionals could retreat into the segregated community, avoiding regular contact with hostile whites; in contrast, lawyers had to protect client interests in court before white judges and juries. Lawyers complicate our narrative of the professional because they held an ambivalent position among various factions, white and African American, in southern communities. vii Chapter 1 INTRODUCTION This dissertation, Legal Subversives: African American Lawyers in the Jim Crow South, explores the lives and careers of African American attorneys. The goal is to use these African American professionals’ experiences as a window into the nature of racial segregation. Segregation was less a means of excluding African Americans from southern life, than a way of incorporating them in a way suitable in the minds of most southern whites. I arrive at the conclusion that actually keeping the races separate was futile and there were contradictions that daily questioned the legitimacy of the system. By their very presence within the mainstream legal system, African American lawyers challenged the myth of innate black inferiority. In general, Legal Subversives addresses one major theme: the nature of lawyers’ work during Jim Crow, when the very system that created the need for their existence relied upon the myth of the innate inferiority of the race. The overall objective of this dissertation is to demonstrate, then, how these lawyers militated against the Southern social order from a position fraught with ambiguity. In the decades following the Redemption of the region by white Democrats in 1877, the law became a weapon used to subjugate the masses of people. African Americans faced the brunt of this legal assault in the form of Jim Crow laws that ostensibly kept the races separate but in fact did much more. The races were to remain not only physically separated by law but also unequal in fact. But within this social space, one clearly defined in each state through Jim Crow decrees, African American professionals found a place to prove a lie of the system. 1 2 Rather than focusing on well-known lawyers, Legal Subversives seeks to include lesser-known figures into the historiography of African Americans and the law. The inability of African Americans to enjoy access to legal educations within their states created a chasm between the African American populace and the proper level of legal representation required to address the needs of a population not long emancipated from enslavement. In chapter 2, “Becoming Black Lawyers,” I examine the obstacles the majority of African Americans confronted aspiring to enter the legal profession and attempting to earn a living as lawyers. Members of the African American elite enjoyed benefits unavailable to other legal practitioners. To elites, having to attend law school in the North or the District of Columbia was less of a burden, if any, because their families could provide resources to sustain the experience. For most African American lawyers and legal aspirants, attempts to secure a legal education, join the bar, and earn a living, were more precarious. Previous books on lawyers have focused exclusively on elite lawyers, perhaps because of the easier availability of source material, and do not provide an adequate representation of the African American quest to attain professional credentials during Jim Crow.1 1 Richard Kluger Simple Justice: The History of Brown v. Board of Education and Black America's Struggle for Equality (New York: Knopf, 1976); Genna Rae McNeil Groundwork: Charles Hamilton Houston and the Struggle For Civil Rights (Philadelphia: University of Pennsylvania Press, 1983); Aaron C. Porter, “The Career of a Professional Institution: A Study of Norris, Schmidt, Green, Harris, Higginbotham, and Associates,” (unpub. Ph.D. diss., University of Pennsylvania, 1993); Mark Tushnet Making Civil Rights Law: Thurgood Marshall and the Supreme Court, 1936-1961 (New York : Oxford University Press, 1994); Juan Williams Thurgood Marshall: American Revolutionary (New York: Times Books, 1998); Mack, Kenneth. "A Social History of Everyday Practice: Sadie T. M. Alexander and the Incorporation of Black Women into the American Legal Profession, 1925-60," 87 Cornell Law Review 1405 (2002); Judith Kirkpatrick There When we Needed Him: Wiley Austin Branton, Civil Rights Warrior 3 African American lawyers, though relatively few in number, provide important insight into how African Americans militated against Jim Crow segregation and white supremacy in the South. Scholars have errantly relied too long on the DuBois- Washington dichotomy to explain the choices open for challenges to Jim Crow. In this paradigm, blacks either accepted DuBois’s integrationist stance or embraced the accomodationist position of Washington. Lawyers add some complexity to this dichotomy because they, working within the white-dominated legal system, could challenge Jim Crow from the inside. Though living within the African American community, receiving their education largely at black schools, and serving a black clientele, these lawyers still had to perform their functions in the courts, jails, and boardrooms of southern white men. Lawyers,
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