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Law and Its Call to African American Women, 1872-1932

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Law and Its Call to African American Women, 1872-1932 “Fearing I Shall Not Do My Duty to My Race If I Remain Silent”: Law and Its Call to African American Women, 1872-1932 DISSERTATION Presented in Partial Fulfillment of the Requirements for the Degree Doctor of Philosophy in the Graduate School of The Ohio State University By Cecily Barker McDaniel, M.A. The Ohio State University 2007 Dissertation Committee: Approved by Professor Stephanie J. Shaw, Co-Advisor _____________________________ Co-Advisor Professor Susan M. Hartmann, Co-Advisor _____________________________ Professor, Lucy E. Murphy Co-Advisor History Graduate Program ABSTRACT This dissertation examines the public and private lives of the first generation of African American female lawyers. It focuses on fourteen African American female lawyers who completed law school between 1872 and 1932. Their history is unique in the sense that most women who entered into the professions did so in feminized fields. Social workers, nurses, and teachers were seen as natural extensions of the role of women. Even the male dominated profession of medicine was more open than law to women who could emphasize their traditional roles as healers and caretakers. Entering into the legal field, however, defied that norm. In an era of sexual separatism, nineteenth century women entered the field of law through male-dominated institutions, thereby integrating the profession from the outset in the late 1860s and 1870s. This study of women lawyers reveals that the model of immediate integration, which coexisted with the paradigm of separatism to integration, is also a part of the broad history of women’s entry into the public sphere. This study begins in 1872 and ends in 1932 with the emergence of a community of black female attorneys. The first black woman to enter into the legal profession and pass the bar was Charlotte E. Ray. In 1872, she became the first black female to graduate from Howard University’s law school and be admitted to the Washington, D.C. bar. By ii 1932, black female attorneys had not only formed a black female legal sorority, but their numbers had begun to increase across the nation. Though in number they lagged far behind white men, black men, and white women, they were now able to form a small, loosely defined coterie of black female lawyers. The legal profession, more than any other profession, was the most closed to women. It was ironic that they chose a profession that actually enforced sexual discrimination on the larger society, as it made and interpreted laws that denied both blacks and women access to the rights of equal citizenship. Though the history of black female attorneys is filled with stories of discrimination, integration and the search for equality, this study focuses more on the ways in which black women attorneys were able to make their way in the profession with surprising degrees of autonomy and flexibility. Despite the formidable limitations these women encountered, many of them persevered and experienced a good amount of success. iii Dedicated to the women who came before me: Cecily, Hilda, Irene and Rhoda The women who love me today: Alberta, Amanda, Brooke, Dianne, Janice, Jill, Julie, Linda, Rhoda and Tiwanna And for the women of tomorrow: Laine, Allyson, Andrea, Deanna, Lilly Emma, and Lucy iv ACKNOWLEDGMENTS I began this project quite some time ago at the suggestion of one of my committee members, Dr. Lucy Murphy. At the time, I was thinking about changing my dissertation topic after having worked on it for about a year. Dr. Murphy shared with me an article from The Ohio Historical Society stating that they had just acquired the papers of an African American female from Ohio who had attended and graduated from Howard University’s law school in 1901. That very day, I visited the historical society to take a brief look at what might be included in the collection. What started out as a quick visit to view the records of this one woman, eventually turned into a five year journey into the lives of fourteen African American female attorneys who practiced prior to 1932. This dissertation would not have been possible without the generous financial support of The Ohio State University. Funding from the department of history and the Elizabeth D. Gee Dissertation Fund of the department of women’s studies made possible travel to New York, Atlanta, Pennsylvania, and Washington, D.C. Funding from the Arthur and Elizabeth Schlesinger Library at the Radcliffe Institute for Advanced Study allowed for travel to Boston for an extended research trip. This journey has been a long one, yet through it all there have been numerous people who have never questioned my commitment or my abilities. It has been an honor to work with such accomplished historians in The Ohio State University department of v history. Specifically, Dr. Stephanie Shaw and Dr. Susan Hartmann have been ardent supporters of my work. Dr. Shaw has taught and encouraged me to look at the past in a very different way and to interpret the stories of these women as they interpreted the world around them and not how I might believe it to be. Dr. Hartmann expected excellence in every way shape and form. She reminded me on many occasions that my work is and will be a reflection of me for years to come. Each time I put pen to paper, I try to remember those words. Dr. Lucy Murphy understood my commitment to both my family and my work. She has been an excellent example of how the two roles can be blended in such a way that neither suffers “too much.” These scholars’ strong work ethic and respectability continue to serve as the proper model for me to follow throughout my career. A word must be said about a few others in the department. Joby Abernathy takes the role of “mother hen” quite seriously. She protects and serves her “chick-a-dees” on a daily basis. I have been fortunate to have her in my corner from day one. Dr. Warren Van Tine never questioned my potential and served in whatever capacity I needed him. Thank you. My community of friends within the department became very important as their words of encouragement, praise and honesty helped to further me along in my journey. In particular, Sherwin Bryant, Jason Chambers, Kimberlynne Darby, Stephen Hall, Leonard Moore and Tiwanna Simpson have all been on-call for me throughout this process and I could not ask for a better community of scholars/friends. vi A project of this magnitude requires much time, energy and commitment. I would like to thank my family for their patience and for their pride in what I do. For every small accomplishment, my family would stand from the rooftop and shout for JOY! It is because of them that I am! My children, Brennan and Laine, have no idea what their Mommy does other than teaching about “black people” (as my son so eloquently says). And, the fact that they could care less about my work is a testament to my role as their full-time -- not part-time -- “Mommy.” Finally, I would like to thank and acknowledge my best friend, my confidant, and my soul-mate. I met Michael in 1995 and since the day we first met, he has thought the world of me. He sees my special gifts even when I cannot. He believes in me even when I do not. He pushes me to go further when he should and he graciously steps back when it is time for my star to shine. His commitment to the Lord and his noble and honest demeanor have all served to make me a better woman, wife and mother. To him, I am indebted. vii VITA March 27, 1968……………………..Born – New Orleans, Louisiana 1991………….......………………….B.A. Mass Communications, Xavier University 1995…………………………………M.A. History, Slippery Rock University 1995-2002…………………………..Teaching Assistant, The Ohio State University American History 2004-2006……………………………Instructor, North Carolina Agricultural and Technical State University PUBLICATIONS 1. McDaniel, Cecily B. and Tekla Ali Johnson. eds. Africana Legacy: Diasporic Studies in the Americas. Littleton, Massachusetts: Tapestry Press, Ltd, 2006. 2. McDaniel, Cecily B. “Edith Spurlock Sampson.” Notable American Women: A Biographical Dictionary, Completing the Twentieth Century, ed., Susan Ware. Cambridge, Massachusetts: The Belknap Press of Harvard University Press, 2004. FIELDS OF STUDY Major Field: History Area of Concentration: African American Minor Field: Women’s History Minor Field: Nineteenth Century America viii TABLE OF CONTENTS Page Abstract……………………………………………………………………………………ii Dedication………………………………………………………………………………...iv Acknowledgements………………………………………………………………………..v Vita………………………………………………….…………………………………..viii List of Tables……………………………………………………………………………..xi Chapters: Introduction……………………………………………………………………………….1 1. “If It is Not a Fit Place for Women, It is Unfit for Men to be There”: The History of the Legal Profession …………………….........................................................23 2. “He Assumed I’d Be a School Teacher”: Black Women’s Motivations for Entering the Legal Profession……………………………………………………55 3. “If I Broke New Ground It Was Not Because I Strove to Do So”: The Legal Education of the Black Female Lawyer………………………………………….93 4. “I Made a Serious Error in Deciding to Wear a Hat”: Black Women in the Legal Profession………………………………………………………..………126 5. “I Don’t Think I Shortchanged Anyone But Myself”: The Private Sphere of Black Women Lawyers………………………………………………………..170 Conclusion……………………………………………………………………….…….188 “Women Lawyers Must Balk Both Color and Sex Bias”: Black Women Lawyers and Their Contributions to Black Feminist Thought Appendices: A. African American Women Attorneys……………………………………....203 B. Charts and Tables…………………………………...,,,…………………….206 C. An Example of the Distribution of a Typical Private Practice…………......209 ix Bibliography……………………………………………………………………………212 x LIST OF TABLES Table 1. Education and Previous Occupational Information…………………………..207 Table 2. Family Background.......………………………………………………………208 Table 3. Family Dynamics…….……………………………………………………….209 xi INTRODUCTION Since the beginning of my journey into the lives of black female attorneys, I have combed through countless numbers of primary and secondary sources that might provide me with a glimpse of the inner lives of these few women.
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