INTRODUCTION
1. The quotations from Turnbow and Hamer are sourced and discussed in detail in chapter 7.
2. These quotations are sourced and discussed in detail in chapter 1, chapter 7, and chapter 9.
CHAPTER 1: BOUNDARY-LAND
1. Timothy B. Tyson, Radio Free Dixie: Robert F. Williams & the Roots of Black Power (1999) at 57.
2. Ibid., at 49.
3. Ibid., at 1-2, 18-25, 49-50, 57; Christopher B. Strain, “Civil Rights & Self-Defense: The Fiction of Nonviolence, 1955-1968,” PhD dissertation, Univ. California, Berkley (2000) at 40.
4. Robert Franklin Williams, Negroes with Guns (1962) at 46.
5. Tyson, Radio Free, at 86.
6. Ibid., at 87.
7. Ibid., at 50-75, 79-88.
8. Julian Mayfield, in James Forman, The Making of Black Revolutionaries (1972) at 167.
9. Strain, Civil Rights, at 56; William Worthy, “Black Muslims NAACP Target: Raise Funds for Arms for Carolinian,” Baltimore Afro-American (July 22, 1961); Tyson, Radio Free, at 89, 137.
10. Timothy B. Tyson, Blood Done Sign My Name (2004) at 57.
11. Tyson, Radio Free, at 138; Tim Hashaw, Children of Perdition: Melungeons and the Struggle of Mixed Race America (2006) at 70-71.
12. For discussion of defensive gun use, see Nicholas J. Johnson, “Firearms and the Black Community: An Assessment of the Modern Orthodoxy,” Connecticut L. Review (2013); Nicholas J. Johnson et al., Firearms Law and the Second Amendment: Regulation, Rights, and Policy (2012) and chapter 9 of this book.
13. David T. Beito and Linda Royster Beito, Black Maverick: T. R. M. Howard’s Fight for Civil Rights and Economic Power (2009) at 67-68; E. Franklin Frazier, “The Negro and Non-Resistance,” Crisis, March 1924, at 213-214, reprinted in Herbert Apkether, Documentary History of the Negro People in the United States, Vol. 3 (1951) at 449-451, 451.
14. Williams, at 62; Herbert Shapiro, White Violence and Black Response (1988) at 459; Forman, at 175; Tyson, Radio Free, at 86-89, 137-65.
15. “NAACP Leader Urges Violence,” New York Times, May 7, 1959.
16. Carolina Times, January 5, 1960; News and Courier, May 7, 1959, clipping in box A333, group 3, NAACP Papers, Library of Congress; Tyson, Radio Free, at 150.
17. Telegram from NAACP executive secretary Roy Wilkins to Robert Williams, president of branch in Monroe, North Carolina, May 6, 1959, box A333, group 3, NAACP Papers, Library of Congress. Wilkins’s account is quoted in Julian Mayfield, “Challenge to Negro Leadership: The Case of Robert Williams,” Commentary (April 1961) at 299. See also Tyson, Radio Free, at 86-89, 137-65.
18. Williams, Negroes with Guns, at 67. For full text of the resolutions, see Glocester B. Current, “Fiftieth Annual Convention,” in Crisis (August-September 1959) at 400-10.
19. Both essays are printed in Southern Patriot 18, no. 2 (January 1960) at 3; edited versions of the essays appear in Eyes on the Prize Civil Rights Reader, edited by Clayborne Carson et al. (1991) at 110 -113. See also Williams, Negroes with Guns, at 12-15 (quoting Martin Luther King Jr.).
20. Baltimore Afro-American, May 30, 1959; Ark. State Press, May 23, 1959; Ark. State Press, May 23, 1959; Southern Patriot 18, no. 2 (January 1960): 3; Southern Patriot 21 no. 2 (February 1963): 2; see also Tyson, Radio Free, at 163-164.
21. For continuing support in Monroe, see Williams, Negroes with Guns, at 111; Strain, Civil Rights & Self-Defense, at 49. For support in the branches, see Brooklyn Branch to Roy Wilkins, May 8, 1959, and Flint Michigan Branch Resolution to the National Board NAACP, May 24, 1959, box 2, CCRI Papers; Charles J. Adams to Roy Wilkins, May 8, 1959, box A 333, group 3, NAACP Papers. Adams wrote to Wilkins, “I support Williams one million percent. . . . Why can’t we do like the Indians did down in Carolina last year?”; the Flint Michigan Branch demanded Williams’s “immediate reinstatement.” Tyson, Radio Free, at 156-57.
22. John McCray, “There’s Nothing New about It,” Baltimore Afro-American, May 23, 1959.
23. Roy Wilkins, The Single Issue in the Robert Williams Case, box A333, group 3, NAACP Papers, Library of Congress; Address of Roy Wilkins, Freedom Fund Dinner of the Chicago Branch, Morrison Hotel, Chicago, Ill., June 12, 1959.
24. Roy Wilkins, Standing Fast: The Autobiography of Roy Wilkins (1982) at 265; Meet the Press transcript, July 16, 1967, at 9.
1. “The True Remedy for the Fugitive Slave,” Frederick Douglass Paper, June 9, 1854, reprinted in John R. McKivigan and Heather L. Kaufman, In the Words of Frederick Douglass: Quotations from Liberty’s Champion (2012) at 111.
2. Robin Santos Doak, Slave Rebellions (2006) at 16; Enrico Dal Lago, Constantina Katsari, Slave Systems: Ancient And Modern (2008) at 249; Ella Forbes, But We Have No Country: The 1851 Christiana Pennsylvania Resistance (1998) at 137.
3. Walter C. Rucker, The River Flows On: Black Resistance, Culture and Identity Formation in Early America (2007) at 4-5; Christopher Waldrep, Roots of Disorder: Race and Criminal Justice in the American South 1817–80 (1998) at 11; Douglas Greenberg, Crime and Law Enforcement in the Colony of New York, 1691–1776 (1974) at 150-151; Peter H. Wood, Black Majority: Negroes in Colonial South Carolina from 1670 through the Stono Rebellion (1974); Harriet C. Frazier, Slavery and Crime in Missouri, 1773–1865 (2001).
4. Greenberg, at 74, 138-139.
5. Ibid., at 129.
6. The account here is detailed in Frederick Douglass, The Narrative Life of Frederick Douglass, reprinted in Frederick Douglass: The Narrative and Selected Writings (1984) at 26-56, 68-82. See also William S. McFeely, Frederick Douglass (1991) at 8, 13, 43.
7. Greenberg, at 74.
8. Harriet C. Fraizer, Slavery and Crime in Missouri 1773 to 1865 (2001) at 197, 201, 204-205; Walter White, Rope and Faggot: A Biography of Judge Lynch (1929) at 90.
9. Dan T. Carter, When the War Was Over: The Failure of Self Reconstruction in the South 1865–1867 (1985) at 188.
10. Dred Scott v. Sandford, 15 L. Ed. 691 (1857).
11. McFeely, at 5, 8.
12. Waldo E. Martin Jr., The Mind of Frederick Douglass (1984) at 188; Frederick Douglass, Not Afraid to Die, reprinted in Ronald T. Takaki, Violence in the Black Imagination (1993) at 17-35.
13. Stanley Harrold, Border War: Fighting over Slavery Before the Civil War (2010) at 25-27, 32, 95; Stephen Middleton, The Black Laws: Race and the Legal Process in Early Ohio (2005) at 47-51; Robert C. Smedley, History of the Underground Railroad in Chester and Neighboring Counties of Pennsylvania (1883) at 26-29.
14. Nicholas J. Johnson, David Kopel, George Mocsary, and Michael O’Shea, Firearms Law and the Second Amendment: Regulation, Rights, and Policy (2012) at 114.
15. Waldrep, Roots of Disorder, at 9-10, 25, 29-34.
16. Nicholas J. Johnson, Clayton Cramer, and George Mocsary, “‘This Right Is Not Allowed by Governments That Are Afraid of the People’: The Public Meaning of the Second Amendment When the Fourteenth Amendment Was Ratified,” 17 George Mason Law Review (2010) at 853.
17. Kevin Boyle, Arc of Justice (2004) at 46; Clifton Paisley, The Red Hills Florida 1528–1865 (1989) at 134; Harrold, at 129-130.
18. Henry Bibb, Narrative of the Life and Adventures of Henry Bibb, an American Slave (2005) at 84.
19. Leon Litwack, Been in the in the Storm So Long: The Aftermath of Slavery (1979) at 104.
20. Harrold, at 129-130.
21. Ibid., at 131, 177.
22. Elijah P. Marrs, Life and History of the Rev. Elijah P. Marrs (1885) at 17-20, 131, 177.
23. These findings are discussed at length in chapter 9.
24. William Loren Katz, The Black West (2005) at 85; Keith P Griffler, Frontline of Freedom: African Americans and the Forging of the Underground Railroad in the Ohio Valley (2004) at 62; Francis Fredric, Escaped Slave, Slave Life in Virginia and Kentucky (2010) at 86; Harrold, at 131, 179.
25. John P. Parker, His Promised Land: The Autobiography of John P. Parker, Former Slave and Conductor on the Underground Railroad (Stuart S. Sprague, ed., 1996) at 119, 118-121.
26. Katz, Black West, at 277.
27. William Still, Still’s Underground Railroad Records, with a Life of the Author (1872) at 124-126; George Hendrick, ed., Fleeing for Freedom: Stories of the Underground Railroad (2004) at 148-155.
28. Still, at 124-126; Hendrick, at 148-155.
29. Still, at 48-51.
30. Harrold, at 46, 62.
31. Philip S. Foner and Yuval Taylor, Frederick Douglass: Selected Speeches and Writings (1999) at 367.
32. Harrold, at 10, 15, 21-22.
33. Ibid., at 135, 139 -143, 155.
34. “Unconstitutional Laws of Ohio,” Liberator, April 6, 1838, at 53; Johnson et al. Public Meaning, at 838.
35. Lysander Spooner, “The Fugitive Slave Bill,” Liberator, January 3, 1851, at 1.
36. “The New England Antislavery Convention,” Liberator, June 3, 1853, at 23; Johnson et al., Public Meaning, at 840.
37. Forman, at 376.
38. Harrold, at 101-102, 109.
39. Griffler, Front Line of Freedom: African Americans and the Forging of the Underground Railroad in the Ohio Valley (2004) at 54.
40. Harrold, at 102.
41. Ibid., at 103, 111.
42. Ibid., at 98.
43. Ibid., at 177-178.
44. Ibid., at 136.
45. Ibid., at 150- 153, 156- 157, 181.
46. Katz, Black West, at 48-52, 63-64.
47. Forbes, at 131-133, 137, 139-140.
48. Earl Ofari, Let Your Motto Be Resistance: The Life and Thought of Henry Highland Garnet (1972) at 43.
49. Forbes, at 138.
50. Ofari, at 44; Phillip Foner, Frederick Douglass (1964) at 138.
51. Liberator, September 8, 1843.
52. Ofari, at 38-39; Liberator, December 3, 1843.
53. Forbes, at 134; Liberator, September 26, 1851.
54. Jermaine W. Loguen, The Reverend J. W. Loguen as a Slave and as a Free Man (1968) at 393-394.
55. Forbes, at 109-110.
56. Ibid., at 111, 119, 123; William Parker, “The Freedman’s Story,” Atlantic Monthly, February 17, 1866, at 281.
57. Forbes, at 124, 129; Liberator, November 1, 1850.
58. William J. Simmons, Henry McNeal Turner, Men of Mark: Eminent, Progressive and Rising (1887) at 1011.
59. Forbes, at 127.
60. McFeely, Frederick Douglass, at 196-197.
61. Ofari, at 44, 61; Frederick Douglass Paper, August 20, 1852; “Impartial Citizen,” Liberator, October 11, 1850.
62. Forbes, at 120-121, 126.
63. Parker’s account, The Freedman’s Story, was published in 1866 in the Atlantic Monthly. Dispute about whether this is entirely Parker’s work stems from doubts about when and how well he learned to read and write. The work also reflects a level of bravado that cautions skepticism.
64. Forbes, at 296.
65. Jonathan Katz, Resistance at Christiana: The Fugitive Slave Rebellion, Christiana, Pennsylvania, September 11, 1851 (1974) at 232; Forbes, at 296; Harrold, at 153-154.
66. Johathan Katz, at 234-236; Forbes, at 143-144.
67. Forbes, at 144.
68. Ibid., at 145.
69. Ibid.
70. Ofari, at 45; Liberator, March 12, 1858.
71. Frederick Douglass, Life and Times of Frederick Douglass Written by Himself (1892) at 281-282; Johathan Katz, at 261.
1. Martin B. Pasternak, “Rise Now and Fly to Arms: The Life of Henry Highland Garnet,” PhD dissertation Univ. Mass. (1981) at xi.
2. Joel Schor, Henry Hyland Garnet: A Voice of Black Radicalism in the Nineteenth Century (1977) at 12.
3. Ibid., at 4-5, 15.
4. Ibid.
5. Barnet Schecter, The Devil’s Own Work: The Civil War Draft Riots and the Fight to Reconstruct America (2005) at 99, 301.
6. Joseph Glatthaar, Forged in Battle: The Civil War Alliance of Black Soldiers and White Officers (1990) at 122, 129-130, 135.
7. Ibid., at 153, 161.
8. David S. Cecelski, The Fire of Freedom: Abraham Galloway and the Slaves’ Civil War (2012) at 48; Adam Goodheart, 1861: The Civil War Awakening (2011); Adam Goodheart, “To Have a Revolver,” Opinionator (blog), Opinionator.blogs.nytimes.com.
9. Cecelski, at 75.
10. Linda O. McMurry, To Keep the Waters Troubled: The Life of Ida B. Wells (Oxford 1998) at 5-8.
11. Cecelski, at 64-66, 75, 78, 119.
12. Christopher Waldrep, Roots of Disorder: Race and Criminal Justice in the American South, 1817–80 (1998) at 85.
13. Cecelski, at 62, 76, 80-82, 92, 96, 118-119.
14. Glatthaar, at 157-158. Spelling, capitalization, and spacing in this letter have been reproduced to reflect the original.
15. Leslie M. Harris, In the Shadow of Slavery: African Americans in New York City, 1626–1863 (2003); Cecelski, at 71.
16. Schecter, at 107, 205, 289.
17. August Meier and Elliot Rudwick, From Plantation to Ghetto (1970) at 132.
18. Garnet apparently decided not to engage the New York rioters, on the rationale that he would best serve the community by surviving to care for the injured survivors. Schecter, at 154; Cecelski, at 140.
19. Waldrep, Roots of Disorder, at 93.
20. Richard M. Reid, Freedom for Themselves (2008) at 255; Stephen Hahn, A Nation under Our Feet: Black Political Struggles in the Rural South from Slavery to the Great Migration (2003) at 133.
21. Reid, at 258, 284; Roberta Alexander, North Carolina Faces the Freedmen (1985) at 130-133; State v. Joiner (1850).
22. William McKee Evans, Ballots and Fence Rails: Reconstruction on the Lower Cape Fear (1995) at 23.
23. Evans, at 64.
24. Reid, at 273-274.
25. Cecelski, at 182-183.
26. Waldrep, Roots of Disorder, at 94.
27. Leon F. Litwack, Been in the Storm So Long: The Aftermath of Slavery (1979) at 269.
28. Ibid., at 208.
29. Ibid. at 102, 114, 274, 428, 439.
30. Stephen P. Halbrook, Freedmen, the Fourteenth Amendment, and the Right to Bear Arms, 1866–1876 (1998) at 2, 12.
31. Nicholas Johnson, David Kopel, George Mocsary, and Michael O’Shea, Firearms Law and the Second Amendment: Regulation, Rights, and Policy (2012) at 290-292.
32. Clayton Cramer, Nicholas Johnson, and George Mocsary, “This Right Is Not Allowed by Governments That Are Afraid of the People: The Public Meaning of the Second Amendment When the Fourteenth Amendment Was Ratified,” 17 George Mason Law Review (2010) at 854; Edward McPhearson, The Political History of the United States of America during the Period of Reconstruction (1875) at 118.
33. Halbrook, at 2, 5, 27.
34. Hahn, at 267.
35. Johnson et al., “Public Meaning,” at 854; “Right To Bear Arms,” Christian Recorder (Philadelphia, PA), February 24, 1866, at 1-2.
36. Johnson et al., “Public Meaning,” at 858; Letter to the Editor, Loyal Georgian (Augusta), February 3, 1866, at 3.
37. Johnson et al., “Public Meaning,” at 856; 2 Proceedings of the Black State Conventions, 1840 through 1865, at 302 (Foner and Walker edition 1980).
38. Johnson et al., “Public Meaning,” at 858; “Report of the Joint Committee on Reconstruction,” 39th Cong. 1st Sess. 219 (1866); Cong. Globe, 39th Cong., 1st Sess. 371 (1866).
39. Johnson et al., “Public Meaning,” at 856-859; “Joint Committee on Reconstruction,” 39th Cong., “Report of the Joint Committee on Reconstruction,” 39th Cong., 1st Sess. 140, 219 (1866).
40. Halbrook, at 110-111; Cong. Globe, 40th Cong., 2nd Sess. 1996 (March 19, 1868); House Executive Document 329, 40th Cong., 2nd Sess. (1868).
41. Johnson et al., “Public Meaning,” at 859; Cong. Globe, 39th Cong., 1st Sess. 1033-34 (1866).
42. Johnson et al., “Public Meaning,” at 860-861; Cong. Globe, 39th Cong., 2nd Sess. 1848 (1868).
43. Kenneth W. Howell, Still the Arena of Civil War: Violence and Turmoil in Reconstruction Texas, 1865–1874 (2012) at 296.
44. Halbrook, at 97; Donald G. Nieman, “African-American Communities, Politics, and Justice: Washington County Texas, 1865–1890,” in Christopher Waldrep and Donald Nieman, Local Matters: Race Crime and Justice in the 19th Century South (2011) at 204, 205.
45. George C. Wright, Racial Violence in Kentucky 1865–1940: Lynchings, Mob Rule and “Legal Lynchings” (1990) at 46.
46. Elijah Marrs, Life and History of the Rev. Elijah P Marrs (1885) at 74-75.
47. Ibid. at 78, 87, 89-90.
48. Halbrook, at 16; “Report of the Joint Committee on Reconstruction, HR,” Report number 30, 39th Cong., 1st Sess. 110, 112, 658.
49. Halbrook, at 18, 22, 34, 183.
50. Waldrep, Roots of Disorder, at 10, 94, 123, 140-141.
51. Hahn, at 80.
52. Waldrep, Roots of Disorder, at 123, 137.
53. Johnson et al., “Public Meaning,” at 853; Myrta Lockett Avary, Dixie after the War: An Exposition of Social Conditions Existing in the South, during the 12 Years Succeeding the Fall of Richmond (1906) at 263-78; Dan Carter, When the War Was Over (1985) at 197.
54. Reid, at 310-311.
55. Halbook, at 77, 78; “President Johnson Asks Advice in Colored Militia Case,” Press, Philadelphia, PA, November 8, 1867, at 1; “Concerning the Disbandment of the Freedman’s Military Organizations,” Press, Philadelphia, PA, November 7, 1867, at 1.
56. Reid, at 310-311; Evans, at 98-102.
57. Hahn, at 223.
58. Ibid., at 174-177, 181, 186, 274-275, 281.
59. Michael W. Fitzgerald, “Extralegal Violence and the Planter Class: The Ku Klux Klan in the Alabama Black Belt during Reconstruction,” in Christopher Waldrep and Donald Nieman, Local Matters: Race Crime and Justice in the 19th Century South (2011) at 156-169.
60. Hahn, at, 90, 289-292.
61. Otis A. Singletary, Negro Militias and Reconstruction (1984) at 8-13; Cong. Globe, 39th Cong., 2nd Sess. at 217.
62. Singletary, at 8-13.
63. Evans, at 71, 99; Singletary, at 8-13.
64. Evans, at 80-81, 84-85, 101-102.
65. Cecelski, at 202, 204.
66. Halbrook, at 121; House of Representatives Report Number 22, February 1, 1871, at 219, 222.
67. Halbrook, at 126-128, 146.
68. Donald G. Nieman, “African-American Communities, Politics, and Justice: Washington County Texas, 1865–1890,” in Christopher Waldrep and Donald Nieman, Local Matters: Race Crime and Justice in the 19th Century South (2011) at 212.
69. Herbert Shapiro, White Violence and Black Response (1988) at 6-7, 12-13, 16, 21.
70. Singletary, at 13, 50, 54-55, 60, 65, 82-99.
71. Christopher Waldrep, “Black Political Leadership, Warren County Mississippi,” in Christopher Waldrep and Donald Nieman, Local Matters: Race Crime and Justice in the 19th Century South (2011) at 212, 237, 239-45.
72. Hahn, at 299-305.
73. Ibid., at 306; Lou Falkner Williams, “Federal Enforcement of Black Rights in the Post Redemption South: The Ellenton Riot Case,” in Waldrep and Nieman, Local Matters: Race Crime and Justice in the 19th Century South (2011) at 176.
74. Hahn, at 306-310.
75. Rayford W. Logan, The Betrayal of the Negro: From Rutherford B. Hayes to Woodrow Wilson (Da Capo Press 1997) at 91; Cong. Rec., 56th Cong. 2242-2245; 2nd Sess. 557, 647, 657.
76. Halbrook, at 137, 142-143.
77. Ibid., at 143.
78. Charles Lane, The Day Freedom Died: The Colfax Massacre, the Supreme Court, and the Betrayal of Reconstruction (2008) at 35-36, 54, 72-75.
79. Ibid., at 75-80.
80. Ibid., at 93, 97.
81. Ibid., at 9-11, 106.
82. Halbrook, at 166; “The Grant Parish Prisoners,” New Orleans Republican, June 21, 1874, at 1, 4.
83. Shawn Leigh Alexander, An Army of Lions: The Civil Rights Struggle before the NAACP (2012) at 3-4.
CHAPTER 4: NADIR
1. Linda O. McMurry, To Keep the Waters Troubled: The Life of Ida B. Wells (1998) at 19-20; Memphis Argus, August 24, 1865.
2. McMurry, at 26-30, 128-133.
3. David Levering Lewis, W. E. B. Du Bois: Biography of a Race (1993) at 67.
4. McMurry, at 137- 139, 143-145; Lewis, at 67.
5. Paula Giddings, Ida: A Sword among Lions (2008) at 214; McMurry, at 147-148.
6. Ida B. Wells Barnett, On Lynchings (2002) at 110-111; McMurry, at 158-159.
7. Ida B. Wells, Southern Horrors, in Selected Works of Ida B. Wells-Barnett (1991), at 42; McMurry, at 161, 164.
8. Giddings, at 74; McMurry, at 128-129.
9. McMurry, at 129, 155.
10. R. L. Wilson, The Winchester: An American Legend (1991) at 11.
11. Wright, at 169-170.
12. Margaret Vandiver, Lethal Punishment: Lynchings and Legal Executions in the South (2006) at 179.
13. McMillen, at 226.
14. W. F. Brundage, “The Darien Insurrection of 1899: Black Protest during Nadir of Race Relations,” 74 Georgia Historical Quarterly 234-253 (1990).
15. Wright, at 170-171.
16. Shawn Leigh Alexander, Army of Lions: The Civil Rights Struggle before the NAACP (2011) at 2.
17. Gerald H. Gaither, Blacks and the Populist Movement: Ballots and Bigotry in the New South (2005) at x-xi.
18. Joseph Gerteis, Class and the Color Line: Interracial Class Coalition in the Knights of Labor and the Populist Movement (2007).
19. Hahn, at 418; William Loren Rogers, “Negro Knights of Labor in Arkansas: A Case Study of the Miscellaneous Strike” 10 Labor History 498-505 (1969).
20. Hahn, at 422; William F. Holmes, “The Leflore County Massacre and the Demise of the Colored Farmers’ Alliance,” 34 Phylon 267-274 ( 1973); Gaither, at 27.
21. Mob Rule, in Selected Works of Id B. Wells; Alexander, at 158.
22. Joel Williamson, A Rage for Order (1986) at 134; Blackmon, at 99, 82.
23. Williamson, at 134-136.
24. Ida B. Wells, Robert Charles and His Fight to the Death: The Story of His Life. Burning Human Beings Alive. Other Lynching Statistics, in Selected Works of Ida B. Wells Barnett (1991) at 277.
25. Williamson, at 136-141.
26. Wells, Robert Charles, in Selected Works, at 254, 257-258, 277-278.
27. Louis Armstrong, Satchamo: My Life in New Orleans (1954) at 33-39.
28. See chapter 9 for Wells’s discussion of black crime in Chicago.
29. The Civil Rights Cases, 109 U.S. 3 (1883). Alexander, at 6.
30. Emma Lou Thornbrough, T. Thomas Fortune: Militant Journalist (1972) at 14; Alexander, at 5.
31. Thornbrough, at 15.
32. Alexander, at 5, 22; New York Age, December 21, 1889.
33. Compilation of Proceedings of the Afro-American League National Convention (January 1890) at 18.
34. Michael D’Orso, Rosewood: Like Judgment Day (1996) at 54-55.
35. Thornbrough, at 119.
36. Ibid., at 48-49.
37. Ibid., at 182.
38. Ibid., at 16, 48-50, 156, 166, 170, 184, 207-210, 257-258, 264, 296-297, 317, 320-321.
39. Lewis R. Harlan, Booker T. Washington, the Wizard of Tuskegee (1983) at 444.
40. Thornbrough, at 193, 198-200.
41. Ibid., at 218; Washington Post, August 7, 1901.
42. Ibid., at 279; New York Age, September 27, October 4, 1906.
43. Alexander, at 16; New York Age, January 5, 1889.
44. Thornbrough, at 368; Amsterdam News, June 13, 1928.
45. Giddings, at 397-400.
46. Shapiro, at 77; Washington Post, November 21, 1898.
47. Shapiro, at 78; Washington Bee, November 5, 1898, Cleveland Gazette, November 19, 1898.
48. Tyson, Radio Free, at 211; “Bad Nigger with a Winchester: Colored Editors Declare for Armed Resistance to Lynch Law,” Washington Post, August 10, 1901.
49. Alexander, at 78; Alexander Walters, My Life and Work (1917) at 98.
50. Alexander, at 111-113.
51. Andre E. Johnson, The Forgotten Prophet, Bishop Henry McNeal Turner and the African-American Prophetic Tradition (2012) at 109-110.
52. Manuscript in John E. Bruce Collection, folder 7, Shomburg Collection, New York Public Library. See also http://www.britannica.com/blackhistory/article-9399827, last accessed October 25, 2013.
53. Alexander, at 16, 113-114, 175-176.
54. Earl Ofari, Let Your Motto Be Resistance: The Life and Thought of Henry Highland Garnet (1972) at 135, Appendix 2. Martin B. Pasternak, “Rise Now and Fly to Arms: The Life of Henry Highland Garnet,” PhD dissertation Univ. Mass. (1981) at 77.
55. Philip Durham and Everett Jones, The Negro Cowboys (1965) at 222-223.
56. William Loren Katz, Black Indians: A Hidden Heritage (1986) at 133-135; Quintard Taylor, In Search of the Racial Frontier: African Americans in the American West 1528–1990 (1998) at 104.
57. Katz, Black West, at 13, 16-20.
58. Katz, Black Indians, at 135-138; Durham and Jones, at 7.
59. Katz, Black Indians, at 138-140.
60. Joel Williamson, A Rage for Order: Black-White Relations in the American South since Emancipation (1986) at 164; Katz, Black Indians, at 140-149.
61. Taylor, at 30; Katz, Black Indians, at 149-151; Daniel F. Littlefield and Lonnie E. Underhill, “Black Dreams and Free Homes: The Oklahoma Territory, 1891–1894,” 34 Phylon 348-49 (1973).
62. McMurry, at 140-141.
63. Taylor, at 147.
64. Katz, Black West, at 230; McMurry, at 142.
65. James Beckworth, The Life and Adventures of James P. Beckworth as Told to Thomas D. Bonner (1859); Ray Allen Billington, The Far Western Frontier: 1830–1860 (1962) at 48.
66. Durham and Jones, at 7-9, 15-16.
67. Wendell Addington, “Slave Insurrections in Texas,” 35 Journal of Negro History (1950) at 414. For the counting of Texas blacks in 1860, see Taylor, at 54, 76, 104; Durham and Jones, at 16.
68. Taylor, at 60; Ronnie C. Tyler, “The Callahan Expedition of 1855: Indians or Negroes” 70 Southwestern Historical Quarterly (1967) at 574 -585, 580.
69. William Katz, Black West, at 74.
70. Andrew Forest Muir, “The Free Negro in Jefferson and Orange Counties, Texas,” 35 Journal of Negro History (1950) at 183-204.
71. W. T. Block, “Meanest Town on the Coast,” Old West, 10 (Winter 1979); A. F. Muir, “The Free Negroes of Jefferson,” at 186; Katz, Black West, at 94.
72. Block, at 10; Muir, at 183-206; Katz, Black West, at 94.
73. Katz, Black West, at 56-58.
74. John Marvin Hunter, The Trail Drivers of Texas (1925) at 671; Durham and Jones, at 26.
75. Durham and Jones, at 44-47.
76. Sarah R. Massey, Black Cowboys of Texas (2005) at 198, 148; Durham and Jones, at 63, 86-88.
77. Durham and Jones, at 55-56, 69, 85, 130.
78. William A. Keleher, Violence in Lincoln County, 1869–1881 (1957) at 110; William Lee Hamlin, The True Story of Billy the Kid: A Tale of the Lincoln County War (1959) at 81-83; Durham and Jones, at 101.
79. Taylor, at 84,; Durham and Jones, at 115-129.
80. Clifford P. Westermeier, Trailing the Cowboy: His Life and Lore as Told by Frontier Journalist (1955) at 110.
81. Durham and Jones, at 168-169, 204.
82. Arthur T. Burton, Black Red and Deadly: Black and Indian Gunfighters of the Indian Territory, 1870–1907 (1991) at 4, 25.
83. Katz, Black Indians, at 158-160; Burton, at 42, 45, 54.
84. Burton, at 85, 89-90; Katz, Black Indians, at 163.
85. Burton, at 110-111.
86. Katz, Black Indians, at 146, 178. Burton, 162, 179; Katz, Black West, at 146.
87. Frank M. King, Pioneer Western Empire Builders: A True Story of the Men and Women of Pioneer Days (1946) at 294; Dane Coolidge, Fighting Men of the West (1932) at 72-74.
88. Katz, Black West, at 198-199; Taylor, at 175; Frank N. Schubert, “The Suggs Affray: The Black Cavalry in the Johnson County War,” 4 Western Historical Quarterly 60 (1973).
89. Katz, Black West, at 222-223, 272.
90. Tricia Martineau Wagner, African American Women of the Old West (2007) at 15-17; James A. Franks, Mary Fields: The Story of Black Mary (2000) at 78.
91. Franks, at 42-46, 78, 109-111.
92. Ibid., at 42-46, 78, 109-111; Walter Hazen, Hidden History: Profiles of Black Americans (2004); Barbara Holland, They Went Whistling: Women Wayfarers, Warriors, Runaways, and Renegades (2002); David Wishart, Encyclopedia of the Great Plains (2004); Ben Thompson, Stagecoach Mary Fields, at 3.
93. Tricia Martineau Wagner, African American Women of the Old West (2007) at 15-17, 22-25.
94. Franks, at 42-46, 78, 109-111.; Thompson, at 5.
95. David Zhang, Fleet Walker’s Divided Heart: The Life of Baseball’s First Black Major Leaguer (1995) at 67-93.
96. Rebecca Goodman and Barett J. Brunsman, “Traveling through Time, Shelby County Historical Society: This Day in Ohio History,” 2005 at 39, available at http://www.shelbycountyhistory.org/schs/archives/blackhistoryarchives/bshangbhisyA.htm.
CHAPTER 5: CRISIS
1. Gerald Horne and Mary Young eds., W. E. B. Du Bois: An Encyclopedia (2001); Leon Litwack, Trouble in Mind: Black Southerners in the Age of Jim Crow (1998) at 317; Christopher B. Strain, Pure Fire: Self-Defense as Activism in the Civil Rights Era (2005) at 24; David Levering Lewis, Du Bois: Biography of a Race: 1868–1919 (1993) at 354.
2. Lewis, Du Bois, at 32-33.
3. The crime rate in Atlanta in 1905 was one of the highest in the country, with black men accounting for about 10,000 of 17,000 arrests—a worrisome indicator even after the modern caution that black arrest rates of this era are not an accurate reflection of true crime levels, considering, among other things, the strong incentives to dragoon black men into the convict labor system. Joel Williamson, A Rage for Order: Black-White Relations in the American South since Emancipation (1984) at 146-147; Douglas A. Blackmon, Slavery by Another Name: The Re-Enslavement of Black Americans from the Civil War to World War II (2009) at 81.
4. John Dittmer, Black Georgia in the Progressive Era: 1900–1920 (1977) at 130-131.
5. Lewis, Du Bois, at 67.
6. W. E. B. Du Bois: Encyclopedia, at 19.
7. Walter White, A Man Called White (reprint, 1969) at 10-12; Herbert Shapiro, White Violence and Black Response: From Reconstruction to Montgomery (1988) at 102.
8. Recall from chapter 4 that Washington also funded the journalism of T. Thomas Fortune, whose reaction to the riot was typically militant.
9. Shawn Leigh Alexander, An Army of Lions: The Civil Rights Struggle Before the NAACP (2013) at 278-282; New York Times, October 11, 1906.
10. W. E. B. Du Bois, Souls of Black Folk, in Three Negro Classics, at 297, 347, 373 375-77.
11. W. E. B. Du Bois, Crisis, October 1916 at 270-71; Shapiro, at 91.
12. W. E. B. Du Bois, “Let Us Reason Together,” Crisis, September 1919, at 231.
13. Crisis, October 1911, at 233.
14. Crisis, June 1912, at 64.
15. Crisis, August 1912, at 192.
16. Crisis, October 1911, at 233.
17. Crisis August 1913, at 179.
18. Crisis, July 1914, at 117.
19. Along the Color Line, Crisis, November 1913, at 323.
20. Along the Color Line, Crisis, March 1912, at 185.
21. Along the Color Line, Crisis, March 1912, at 189.
22. Along the Color Line, Crisis, March 1912, at 189.
23. Along the Color Line, Crisis, November 1913, at 324.
24. Crisis, November 1917, at 41.
25. Crisis, January 1918, at 115.
26. Mordecai Wyatt Johnson, “The Faith of the American Negro,” Crisis, May 1921, at 161.
27. Walter F. White, “The Work of a Mob,” Crisis, September 1918, at 221-223.
28. Crisis, May 1921, at 164.
29. W. E. B. Du Bois, Opinion, Crisis, May 1921, at 149.
30. Opinion of W. E. B., Du Bois, Crisis, January 1920, at 105-06.
31. George C. Wright, Racial Violence in Kentucky, 1865–1940: Lynchings, Mob Rule, and “Legal Lynchings” (1990) at 3, 147.
32. Ibid., at 9.
33. Ibid., at 15-17.
34. Ibid., at 185-186.
35. Ibid., at 187-189; Commonwealth of Kentucky v. Tom Croe and Others (1908).
36. Wright, at 188.
37. Neil R. McMillen, Dark Journey, Black Mississippians in the Age of Jim Crow (1990) at 225-226; Meridian Star, November 6, 1906; Columbus Commercial, November 13, 1906. Similar cases were reported in Liberty, Mississippi, and Gunnison. Jackson Weekly Clarion Ledger, April 18, 1907; Jackson Daily Clarion Ledger, February 12, 1911.
38. Kay Mills, This Little Light of Mine: The Life of Fannie Lou Hamer (1994) at 29-30; Greenwood Enterprise, February 12, 1904.
39. Horace Mann Bond, and Julia W. Bond, The Star Creek Papers (Adam Fairclough, ed., 1997) at 10, 141.
40. David T. Beito and Linda Royster Beito, Black Maverick: T. R. M. Howard’s Fight for Civil Rights and Economic Power (2009) at 7.
41. Wright, at 189.
42. Nicholas J. Johnson, “Firearms and the Black Community: An Assessment of the Modern Orthodoxy,” Connecticut Law Review (2013) Part III.
43. Wright, at 190.
44. Ibid., at 191.
45. Ibid., at 123, 140-142, 191-192.
46. Ibid., at 124-125.
47. Ibid., at 116, 124, 132, 136-138, 147.
48. Ibid., at 152; Letter from Edward M. Bacon to Walter White in the NAACP papers, May 19, 1932.
49. Douglas A. Blackmon, Slavery by Another Name: The Re-Enslavement of Black Americans from the Civil War to World War II (2008) at 1-2, 69, 79, 81-82.
50. Kevin Boyle, Arc of Justice: A Saga of Race, Civil Rights, and Murder in the Jazz Age (2004) at 89.
51. Linda O. McMurry, To Keep the Waters Troubled: The Life of Ida B. Wells (1998) at 314, 316.
52. McMurry, at 314, 316; Boyle, at 89.
53. Lindsey Cooper, Special Rep. of Crisis, “The Congressional Investigation of East St. Louis,” Crisis, January 1918 at 115; Boyle, at 89; Elliott, “Race Riot at East St. Louis,” Crisis, July 1917; McMurry, at 314-316.
54. McMurry, at 314-317.
55. Franklin v. State of South Carolina, 218 U.S. 161 (1910).
56. Kenneth W. Goings, The NAACP Comes of Age (1990) at 12.
57. Goings, at 12; Crisis, November 1910, at 14; McMurray, at 287; Paula J. Giddings, Ida: A Sword among Lions: Ida B. Wells and the Campaign against Lynching (2008) at 495.
58. Marvin Wolfgang, Patterns in Criminal Homicide (1958) at 84-88.
59. Vincent P. Mikkelsen, “Fighting for Sgt. Caldwell: The NAACP Campaign against Legal Lynching after World War I,” Journal of African American History (2009) at 464-486; Shapiro, at 147-155.
60. Mikkelsen, “Fighting for Sgt. Caldwell,” at 466; Vincent P. Mikkelsen, “Coming from Battle to Face a War: The Lynching of Black Soldiers in the World War One Era,” PhD dissertation, Florida State University (2007); NAACP, Thirty Years of Lynching: 1898–1918 (1919).
61. Mikkelsen, dissertation, at 477-78; Crisis, March 1920, at 233.
62. Mikkelsen, “Fighting for Sgt. Caldwell,” at 41; Crisis, October 1920, at 282.
63. Hubert H. Harrison, Baltimore Afro-American, June 10, 1921; Shapiro, at 159; introduction to Hubert H. Harrison Papers, 1893-1927 MS# 1411, Columbia University.
64. 261 U.S. 86 (1923).
65. Goings, at 15.
66. Moore v. Dempsey, 261 U.S. 86 (1923).
67. Boyle, at 120.
68. Ibid., at 95.
69. Ibid., at 96.
70. John Lovell Junior, “Washington Fights,” Crisis, September 1939 at 276-77; Herbert Aptheker, Volume IV: Documentary History of the Negro People in the United States (1960) 240-244; V. R. Daily, “Washington’s Minority Problem,” Crisis, June 1939, at 170, 171.
71. Edmund Kersten, A. Philip Randolph: A Life in the Vanguard (2006) at 21.
72. August Meier and Elliott Rudwick, From Plantation to Ghetto (1976) at 225-228.
73. Kersten, at 18.
74. A. Philip Randolph, “Lynching: Capitalism Its Cause, Socialism Its Cure,” Messenger, March 1919 at 9-12; August Meier, Elliot Rudwick, and Francis L. Broderick, Black Protest Thought in the Twentieth Century, 2nd. ed. (1971) at 85-91.
75. Ibid.; Randolph, at 9-12; Meier, Rudwick, and Broderick, at 85-91.
76. Shapiro, at 171; “Lynching a Domestic Question,” Messenger, July 1919 at 7-8.
77. Boyle, at 18, 118; “How to Stop Lynching,” Messenger, August 1919, at 2.
78. Boyle, at 118.
79. “The Negro Must Now Organize All over the World, 400,000,000 Strong to Administer to Our Oppressors Their Waterloo,” in Robert A. Hill, ed., The Marcus Garvey and Universal Negro Improvement Association Papers (1983) 41, 42, 120212-20, Univ. Ca. Press.
80. Hill, Marcus Garvey Papers, at 115-116. Garvey’s views were still sufficiently immoderate that the movement was continuously the target of surveillance by British and American intelligence services and police. J. Edgar Hoover identified Garvey as an active radical and expressed regret that he had not yet violated any federal law that would allow his deportation. Finally, in 1927, Garvey was convicted of mail fraud. His sentence was commuted by Calvin Coolidge and he was then deported. Shapiro, at 166. See also Edward Peeks, The Long Struggle for Black Power (1971) at 192 (describing Garvey’s meeting with Klan leaders).
81. Theodore G. Vincent, Black Power and the Garvey Movement (1971) at 19, 191-92. Garvey actually met with Edward Young Clark, imperial wizard of the Klan, and commented that it “will not help us to fight it or its program” because the solution was creation of a black government in Africa.
82. Kersten, at 21; Boyle, at 118.
CHAPTER 6: LEONIDAS
1. Kevin Boyle, Arc of Justice: A Saga of Race, Civil Rights, and Murder in the Jazz Age (2004) at 208.
2. Walter White, A Man Called White (1948) at 5-12.
3. Kenneth Janken, White: The Biography of Walter White, Mr. NAACP (2003) at 3-27.
4. Roy Wilkins, Standing Fast: The Autobiography of Roy Wilkins (1982) at 165.
5. Boyle, at 211; Walter White, The Fire in the Flint (1924) at 140-141.
6. Walter White, Rope and Faggot (1929) at 23-24, 29- 32.
7. Herbert Shapiro, White Violence and Black Response: From Reconstruction to Montgomery (1988) at 200; Crisis, January 1927 at 141-42.
8. Edward Peeks, The Long Struggle for Black Power (1971) at 170; Charles Flint Kellogg, NAACP Vol. 1 (1967) at 166.
9. White, Rope and Faggot, at 78-79.
10. White, A Man Called White, at 70.
11. Williams v. State, 122 Miss. 151, 165-167, 179.
12. 120 Miss. 604, 613.
13. Byrd v. State, 154 Miss. 747, 754.
14. Walter White, “‘The Eruption of Tulsa,’ an NAACP Official Investigates the Tulsa Race Riot of 1921,” Nation, June 29, 1921, at 909–910.
15. Walter White, “Eruption in Tulsa; Resolution and Walter White Report on Tulsa” in NAACP board minutes, June 13, 1921, NAACP Papers, Library of Congress.
16. Scott Ellsworth, Death in a Promised Land: The Tulsa Race Riot of 1921 (1982) at 48.
17. Walter White, Eruption of Tulsa; Ellsworth, at 50-51.
18. Ellsworth, at 52.
19. Ibid., at 3-7.
20. John Hope Franklin, foreword to Scott Ellsworth, Death in a Promised Land: The Tulsa Race Riot of 1921 (1986) at xv-xvii.
21. Michael D’Orso, Like Judgment Day: The True Story of the Rosewood Massacre and Its Aftermath (1996) at 2-11.
22. Rosewood Massacre Report, Part Three, at 5-6.
23. Ibid., at 6.
24. Boyle, at 200.
25. Ibid., at 199; Emma Lou Thornbrough, T. Thomas Fortune: Militant Journalist (1972), at 69; James Weldon Johnson, Along This Way: The Autobiography of James Weldon Johnson (1933) at 48.
26. Paula J. Giddings, Ida: A Sword among Lions: Ida B. Wells and the Campaign against Lynching (2009) at 215; August Meier, Negro Thought in America (1963) at 79.
27. Phyllis Vine, One Man’s Castle, Clarence Darrow in Defense of the American Dream (2004) at 123-24.
28. Boyle, at 73; David Levering Lewis, Du Bois: Biography of a Race: 1868–1919 (1993) at 151-152.
29. Boyle, at 15 23-27, 67-68, 87, 137, 162; “Posse Chases Man Believed to Be One of Four Who Threatened Colored Farmer,” Xenia Gazette, October 13, 1924; “Martin Gets Rest While Armed Men Guard Premises,” Xenia Gazette, October 15, 1924.
30. Boyle, at 4, 8, 24.
31. Ibid., at 119; Vine, at 59.
32. Boyle, at 17, 24- 29, 145-146, 153-157.
33. Ibid., at, 29-37, 99, 151-153.
34. Ibid., at 154-155, 181, 187; “Negroes Shoot a White Youth in New Home Row,” Detroit Free Press, July 11, 1925; Shapiro, at 187.
35. Boyle, at 163, 194, 205-206, 220, 224, 228, 257; Vine, at 144.
36. “What’s Wrong In Detroit?” Chicago Defender, September 19, 1925; Boyle, at 203, 219, 245, 307.
37. Boyle, at 245-246; “The Retention of Clarence Darrow,” Washington Daily American, October 19, 1925; “We Must Fight If We Would Survive,” Amsterdam News, November 18, 1925.
38. Boyle, at 221, 247, 305.
39. Ibid., at 220, 242; “Law for Whites and Negroes,” New York World, reprinted in Chicago Defender, October 31, 1925.
40. Boyle, at 290, 299; Vine, at 235.
41. Ibid., at 294.
42. Ibid., at 305-306.
43. Vine, at 112, 228.
44. “Baby of Dr. Sweet Dies in Arizona,” Chicago Defender, August 28, 1926; Elaine Lataman Moon, Untold Tales, Unsung Heroes: An Oral History of Detroit’s African-American Community: 1918–1967 (1994) at 83.
45. Moon, at 83 (italics added).
46. “Bullet Is Fatal to Negro Doctor, Slay Case Figure,” Detroit Free Press, March 20, 1960; Boyle, at 346.
CHAPTER 7: FREEDOM FIGHT
1. Roy Wilkins, “Two against 5,000,” Crisis, June 1936 at 169-170 reprinted in Herbert Aptheker, 4 Documentary History of the Negro People in the United States (1974) at 240-244.
2. Wilkins, “Two against 5,000,” at 169-170.
3. Horace Mann Bond and Julia Bond, The Star Creek Papers (1997) at 123-124; Lance Hill, The Deacons for Defense: Armed Resistance and the Civil Rights Movement (2004) at 129.
4. Herbert Shapiro, White Violence and Black Response: From Reconstruction to Montgomery (1988) at 226-228, 306-307; Roi Ottley, “New World A-Coming”: Inside Black America (1969) at 312-314.
5. Roy Wilkins, Standing Fast: The Autobiography of Roy Wilkins (1982) at 187.
6. “People’s Voice,” Crisis, March 9, 1946; Editorial, Crisis, April 1946, at 105. Wilkins, Standing Fast, at 188.
7. Harry Raymond, Daily Worker, November 20, 1946; Wilkins, Standing Fast, at 187-188. The episode also fostered alliances with progressives. The event prompted the formation of a National Committee for Justice in Columbia, Tennessee, organized by Eleanor Roosevelt and a variety of notable supporters.
8. “Dr. Howard’s Safari Room,” Ebony, October 1969, at 133, 138.
9. David T. Beito and Linda Royster Beito, Black Maverick: T. R. M. Howard’s Fight for Civil Rights and Economic Power (2009) at 13, 45-46. David T. Beito and Linda Royster Beito, “Blacks, Gun Cultures, and Gun Control: T. R. M. Howard, Armed Self-Defense, and the Struggle for Civil Rights in Mississippi,” Journal of Firearms and Public Policy (September 2005).
10. Beito, Black Maverick, at xii, 19; “Alabamans Kill Two More Negroes,” New York Times, July 7, 1930; T. R. M. Howard, “The Negro in the Light of History,” California Eagle, September 8, 1933.
11. Beito, Black Maverick, at 103.
12. “Head of Greenville South Carolina NAACP Is Arrested,” Crisis, January 1940, at 20.
13. Beito, Black Maverick, at 67-68, 136; “An Enemy of His Race,” Jackson Daily News, October 15, 1955, at 6; Sullens, “Low Down on the Higher Ups,” Jackson Daily News; “Howard’s Poison Tongue,” Jackson Daily News, October 25, 1955, at 8.
14. Beito, Black Maverick, at 108-109, xiii.
15. Akinyele Omowale Umoja, We Will Shoot Back: Armed Resistance in the Mississippi Freedom Movement (2013) at 36.
16. Beito, Black Maverick, at 138.
17. Rosa Parks and Jim Haskins, Rosa Parks, My Story (1992) at 30-33, 67.
18. Parks, at 66- 67.
19. Ibid., at 161.
20. Constance Baker Motley, Equal Justice under Law: An Autobiography (1998) at 121-23.
21. E. Culpepper Clark, The Schoolhouse Door: Segregation’s Last Stand at the University of Alabama (1993) at 57, 71-77; Simon Wendt, The Spirit and the Shotgun: Armed Resistance and the Struggle for Civil Rights (2007) at 44.
22. Andrew Michael Manis, A Fire You Can’t Put Out: The Civil Rights Life of Birmingham’s Reverend Fred Shuttlesworth (1990) at 110, 117-18, 169-170.
23. Howell Raines, My Soul Is Rested: The Story of the Civil Rights Movement in the Deep South (1977) at 115.
24. Rains, Soul, at 141 (italics added).
25. Austry Kirklin, in Youth of the Rural Organizing Cultural Center, Their Minds Stayed on Freedom: The Civil Rights Struggle in the Rural South, an Oral History (1991) at 57, 71-77; T. C. Johnson, in Youth of the Rural Organizing Cultural Center, at 153.
26. Christopher Strain, “Civil Rights and Self-Defense: The Fiction of Nonviolence, 1955-1968,” PhD dissertation, University of California, Berkeley (2000); Coretta Scott King, My Life with Martin Luther King, Jr. (1969) at 226; Wendt, Spirit, at 39; Condoleezza Rice, Extraordinary, Ordinary People: A Memoir of Family (2010) at 92; Diane McWhorter, Carry Me Home: Birmingham, Alabama—The Climatic Battle of the Civil Rights Revolution (2001) at 118; George Lavan, “Armed Birmingham Negroes Conduct Own Safety Patrols,” Militant, September 23, 1963 at 1, 5; Glenn T. Eskew, But for Birmingham: The Local and National Movements in the Civil Rights Struggle (1997) at 322.
27. Rice, at 92.
28. Ben Allen in, Raines, Soul, at 167-168.
29. Rice, at 13, 92-93; interview by Larry King with Condoleezza Rice, CNN, May 11, 2005.
30. Rains, Soul, at 200, 202, 348.
31. Wilson Baker in, Raines, Soul, at 202-203.
32. The story was made into a film starring Forest Whitaker, Deacons for Defense (Showtime 2003).
33. Wendt, Spirit, at 119; Akinyele Omowale Umoja, “Eye for and Eye: the Role of Armed Resistance in the Mississippi Freedom Movement,” PhD dissertation, Emory (1996) at 156-158; John Dittmer, Local People: The Struggle for Civil Rights in Mississippi (1995) at 266-268, 304.
34. Umoja, “Eye,” at 159, 160.
35. Wendt, Spirit, at 189; Interview with Gloria Richardson, Newsweek, August 5, 1963 at 26.
36. SNCC was the common name of the Student Nonviolent Coordinating Committee. The group was generally referred to by the acronym, which was pronounced “Snick.” SNCC grew substantially out of the efforts of Ella Baker to establish a youth arm of the Southern Christian Leadership Conference, commonly called SCLC. See Joanne Grant, Ella Baker: Freedom Bound (1998) at 128-130.
37. Cleveland Sellers, The River of No Return: The Autobiography of a Black Militant and the Life and Death of SNCC (1973) 67-69.
38. Simon Wendt, Spirit, at 187-88.
39. Charles Evers, Have No Fear: The Charles Evers Story (1997) at 171; Akinyele O. Umoja, “We Will Shoot Back: The Natchez Model and Paramilitary Organization in the Mississippi Freedom Movement,” 32 J. Black Studies (2002) at 271, 277.
40. Wendt, Spirit, at 128.
41. Ibid., at 42-65.
42. David J. Garrow, Bearing the Cross: Martin Luther King, Jr., and the Southern Christian Leadership Conference (1988) at 316-34; David R. Colburn, Racial Change and Community Crisis: St. Augustine Florida, 1877–1980 (1985) at 50-55, 316-34; Edward W. Kallal, “St. Augustine and the Ku Klux Klan,” in St. Augustine, Florida 1963–1964: Mass Protest and Racial Violence (1989) 93-176.
43. Daisy Bates, The Long Shadow of Little Rock: A Memoir (1962) at 94-96, 111, 162; Grif Stockley, Daisy Bates: Civil Rights Crusader from Arkansas (2005) at 24, 27, 186-188.
44. Timothy B. Tyson, Radio Free Dixie: Robert F. Williams and the Roots of Black Power (1999) at 57.
45. Stockley, at 132.
46. Bates, at 96, 158-159, 174.
47. Stockley, at 186.
48. Tyson, Radio Free, at 159.
49. Stockley, at 186-187.
50. Tyson, Radio Free, at 159.
51. Ark. State Press, May 23, 1959; Tyson, Radio Free, at 163-164.
52. Tyson, Radio Free, at 164.
53. Strain, “Civil Rights,” at 35; W. E. B. Du Bois, “Martin Luther King’s Life ‘Crusader Without Violence,’” 12 National Guardian (November 9, 1959) at 8.
54. Tyson, Radio Free, at 165.
55. Stockley, at 195.
56. Kay Mills, This Little Light of Mine: The Life of Fannie Lou Hamer (1993) at 39.
57. Mills, at 9.
58. Evers, at 119.
59. Wendt, Spirit, at 121; Charles Payne, I’ve Got the Light of Freedom: The Organizing Tradition and the Mississippi Freedom Struggle (1995) at 233; Chana Kai Lee, For Freedom’s Sake: The Life of Fannie Lou Hamer (1999) at 9, 11. (Italics added).
60. Fannie Lou Hamer, “To Praise Our Bridges,” in 2 Mississippi Writers: Reflections of Childhood and Youth (1986) at 321-330; Mills, at 101.
61. Mills, at 101; Hamer, “Praise,” at 321-30.
62. Umoja, “Eye,” at 68-69.
63. Mills, at 11-12; Hamer, “Praise,” at 322-323; Umoja, We Will Shoot Back (2013) at 19-20 (reporting the story of Joe “Pullen”).
64. Umoja, We Will Shoot Back (2013) at 19-20; Mary G. Rolinson, Grassroots Garveyism: The Universal Negro Improvement Association in the Rural South, 1920–1927 (2007) at 135.
65. T. C. Johnson, in Youth of the Rural Organizing Cultural Center, at 154-56.
66. Aaron Henry, The Fire Ever Burning (2000) at 150.
67. Evers, at 1-2; Payne, Light of Freedom, at 48.
68. Evers, at 16-17.
69. Ibid., at, 47, 49-53, 55, 126. In 1962, the two brothers bought forty acres of land north of Brasilia. They dreamed of building two big houses there and living in the easy peace of a place where they imagined the color line was less acute.
70. Ibid., at 59-60.
71. Ibid., at 64.
72. Ibid., at 62-64, 73.
73. Wilkins, Standing Fast, at 14-16, 72, 317.
74. Evers, at 76.
75. Ibid., at 90-96, 104.
76. Ibid., at 194.
77. Ibid., at 106, 129-130; Umoja, “Eye,” at 78-80, 171, 178-179; Payne, Light of Freedom, at 288.
78. Howell Raines, My Soul Is Rested: Movement Days in the Deep South Remembered (1977) at 251-52.
79. Interview with Myrlie Evers in Voices of Freedom: An Oral History of the Civil Rights Movement from the 1950s through the 1980s (Henry Hampton and Steve Fayer eds., 1990) at 152; interview with Myrlie Evers, at Eyes on the Prize Interviews, http://digital.wustl.edu/e/eop/eopweb/eve0015.0753.036myrlieevers.html, last accessed September 27, 2013.
80. Umoja, “Eye,” at 79; Adam Nossiter, Of Long Memory: Mississippi and the Murder of Medgar Evers (1994) at 48, 61; Payne, Light of Freedom at 287.
81. Evers, at 117 (italics added).
82. Rains, Soul, at 271; John R. Salter, Jackson, Mississippi: An American Chronicle of Struggle and Schism (1979) at 24.
83. Quote from “United Liberty: The Unseen in the Gun Debate,” at http://www.unitedliberty.org/articles/10758-the-unseen-in-the-gun-debate, last accessed September 27, 2013. Professor Salter subsequently collaborated with Don B. Kates on a scholarly article titled “The Necessity of Access to Firearms by Dissenters and Minorities Who Government Is Unwilling or Unable to Protect.” The collaboration was fueled by their common experience. Kates went south in 1963, the summer after his first year at Yale Law School, in the employ of the Law Student Civil Rights Research Council to work under William Kunstler, who was collaborating on cases with black lawyers in Raleigh.
Traveling into what he describes as “KKK country,” Kates carried a Smith & Wesson Chiefs Special in a holster, a Colt Trooper .357 Magnum under the seat, and a semiautomatic M1 carbine rifle in the trunk. These were obviously more guns than he could use at one time, but the tactic made sense on at least one occasion when he was part of a group that stood watch at the rural homestead of a black woman who had been threatened for joining as a plaintiff in several of the local cases that Kunstler was pressing. Interview with Don B. Kates, April 23, 2013. Don Kates would go on to produce an unparalleled body of Second Amendment scholarship and contribute centrally to the Supreme Court’s affirmation and elaboration of that right in seminal cases in 2008 and 2010.
84. Wendt, Spirit, at 191.
85. Evers, Have No Fear. Compare the modern response of NRA board member Roy Innis (who lost a son to gun violence) to Pete Shields, founder of Handgun Control Inc. (who also lost a son to gun violence). Innis followed the Charles Evers approach. Shields and many others in the modern era put their energy into gun control.
86. Robert Penn Warren, Who Speaks for the Negro (1965) at 105.
87. Wendt, Spirit, at 127; New York Post, September 2, 1965.
88. Roy Wilkins to Charles Evers, Wilkins Papers, Sep. 3, 1965, box 7, folder “1965.”
89. Simon Wendt suggests Wilkins demurred in recognition of his waning power. Wendt, Spirit, at 128.
90. Robert W. Hartley, “A Long Hot Summer: The St. Augustine Racial Disorders of 1964 in St. Augustine, Florida, 1963–1964: Mass Protest and Racial Violence” (David J. Garrow ed. 1989) at 21.
91. Garrow, Bearing the Cross, at 317-34; David R. Colburn, Racial Change and Community Crisis: St. Augustine, Florida 1877–1980 (1985) at 84-89, 212.
92. Richard Kluger, Simple Justice: The History of Brown v. Board of Ed. and Black America’s Struggle for Equality (1976) at 3.
93. Tracy Sugarman, Stranger at the Gates: A Summer in Mississippi (1966) at 21, 75; Umoja, “Eye,” at 94; Charles Payne, Light of Freedom, at 44.
94. Henry, at 154-155.
95. Evers, at 137, 147.
96. Dittmer, Local People, at 47.
97. Strain, “Civil Rights,” at 76-77; Baltimore Afro-American, September 15, 1962, at 1.
98. CORE is an acronym for Congress of Racial Equality.
99. Doug McAdam, Freedom Summer (1988) at 21, 90; Wendt, Souls, at 324; Tuscaloosa News, February 20, 2000.
100. Leola Blackmon, in Youth of the Rural Organizing Cultural Center, at 166-67, 174-75. The word mens, which appears twice, is from the original oral history.
101. Shadrach Davis, in Youth of the Rural Organizing Cultural Center, at 21; Umoja, “Eye,” at 112; Wendt, Spirit, at 100; Rains, Soul, at 262-265; Studs Terkel, American Dreams Lost and Found (1980) at 192-200.
102. Reverend J. J. Russell, in Youth of the Rural Organizing and Cultural Center, at 25; Umoja, “Eye,” at 112- 113.
103. Charles E. Cobb Jr., On the Road to Freedom: A Guided Tour of the Civil Rights Trail (2008) at 302; Clayborne Carson, In Struggle: SNCC and the Black Awakening of the 1960s (1995) at 89; Turnbow’s statement to Charles Cobb in Cobb, Road to Freedom, at 302. (Italics added.)
104. Wendt, Spirit, at 118; Rains, Soul, at 266; Studs Terkel, “Hartman Turnbow: The Diploma,” in American Dreams Lost and Found (1980) at 192.
105. Raines, Soul, at 265.
106. Robert Cooper, in Youth of the Rural Organizing Cultural Center, at 93-94.
107. Hill, Deacons, at 104; Tuscaloosa News, February 20, 2000 (Bolden interview).
108. Joanne Grant, Ella Baker: Freedom Bound (1998) at 173.
109. Dittmer, Local People, at 286.
110. Raines, Soul, at 267.
111. James Forman, The Making of Black Revolutionaries (1985) at 376.
112. Raines, Soul, at 267.
113. Dittmer, Local People, at 254.
114. Vanderbilt Roby, in Youth of the Rural Organizing Cultural Center, at 55.
115. Bee Jenkins, in Youth of the Rural Organizing Cultural Center, at 139.
116. Anger Winson Gates Hudson was commonly known as Winson Hudson. References here are to Winson Hudson or Hudson or Winson.
117. Winson Hudson, Mississippi Harmony: Memoirs of a Freedom Fighter (2002) at 8-9.
118. Hudson, at 58-59.
119. Ibid.
120. Hudson, Harmony, at 2, 51-52, 58- 59, 88.
121. Dittmer, Local People; Barbara Summers, I Dream A World: Portraits of Black Women Who Changed America (1989) at 160.
122. Hudson, Harmony, at 77.
123. Alice Lake, “Last Summer in Mississippi,” Redbook Magazine, November 1964, reprinted in Library of America, Reporting Civil Rights: American Journalism, 1963–1973 (2003) at 112.
124. Wendt, Spirit, at 120.
125. Hudson, Harmony, at 28.
126. John Lewis, Walking with the Wind: A Memoir of the Movement (1998) at 48-49.
127. Wendt, Spirit, at 111, 113; Lewis, Walking, at 254-55.
128. Wendt, Spirit, at 123; “Shocking Notes on Mississippi Brutality,” Jet, July 2, 1964 at 6.
129. James Forman, The Making of Black Revolutionaries (1972) at 375; Doug McAdam, Freedom Summer (1988) at 32; Claiborne Carson, In the Struggle: SNCC and the Black Awakening of the 1960s (1995) at 123; Nicholas von Hoffman, Mississippi Notebook (1964) at 95.
130. Lewis, Walking, at 188-201; Wendt, Spirit, at 124; William Sales, From Civil Rights to Black Liberation: Malcolm X and the Organization of Afro-American Unity (1994) at 107.
131. Godfrey Hodgson, America in Our Time (1976) at 212.
132. Wendt, Spirit, at 123-124; Rustin, “Nonviolence on Trial,” Fellowship Magazine (July 1964) at 5.
133. SCLC (pronounced “S Cee L Cee”) is the common reference to the Southern Christian Leadership Conference.
134. Emily Stoper, The Student Nonviolent Coordinating Committee: The Growth of Radicalism in a Civil Rights Organization (1989) at 29.
135. Wendt, Spirit, at 117; Florence Mars, Witness in Philadelphia (1977) at 114, 210; Cleveland Sellers, The River of No Return: The Autobiography of a Black Militant and the Life and Death of SNCC (1973) at 88, 90, 210.
136. Strain, “Civil Rights, at 155-156.
137. Lake, “Last Summer,” at 113.
138. Wendt, Spirit, at 112; Mary King, Freedom Song: A Personal Story of the 1960s Civil Rights Movement (1987) at 318.
139. King, Freedom Song, at 318.
140. Wendt, Spirit, at 109; Baltimore Afro-American, March 6, 1965; Umoja, “Eye,” at 100.
141. Rains, Soul, at 380; Payne, Light of Freedom, at 121; Umoja, We Will Shoot Back (2013) at 59.
142. Umoja, “Eye,” at 103-104.
143. Dittmer, Local People, at 150-151; Foreman, Black Revolutionaries, at 296; Payne, Light of Freedom, at 168-169.
144. Payne, Light of Freedom, at 208-209.
145. Ibid., at 213-214; Doug McAdam, Freedom Summer (1988) at 279.
146. Austry Kirklin, in Youth of the Rural Organizing Cultural Center, at 39.
147. Evers, at 216.
148. Sugarman, Stranger, at 75.
149. Tyson, Radio Free, at 251-252.
150. Ibid., at 193, 240, 250-255.
151. Ibid., at 259.
152. Ibid., at 271-272.
153. Ibid., at 256-270.
154. Ibid., at 278-285; Strain, “Civil Rights,” at 64.
155. Wilkins, Standing Fast, at 225-227; Andrew Young, in Raines, Soul, at 425.
156. Raines, Soul, at 38. (The reference to insurance “mens” is in the original.)
157. Ibid., at 38, 48-49; Wilkins, Standing Fast, at 227.
158. Stephen B. Oates, Let The Trumpet Sound: A Life of Martin Luther King, at 89-90; Strain, “Civil Rights,” at 6.
159. Oates, at 90.
160. Martin Luther King Jr., Stride toward Freedom: The Montgomery Story (1959) at 131; Garrow, Bearing the Cross, at 60-62; Wendt, Spirit, at 8.
161. Strain, “Civil Rights,” at 7-8; Nicholas J. Johnson, “A Second Amendment Moment: The Constitutional Politics of Gun Control,” 71 Brooklyn L. Rev. 715-796 (2005).
162. Wendt, Spirit, at 9; Garrow, Bearing the Cross, at 62; Wilkins, Standing Fast, at 229.
163. Wendt, Spirit, at 9; Bayard Rustin, “Montgomery Diary,” 1 Liberation April 1956, at 7-8; Raines, Soul, at 53; Adam Fairclough, To Redeem the Soul of America: The Southern Christian Leadership Conference and Martin Luther King, Jr. (1995) at 25.
164. Stewart Burns, Day Break of Freedom: The Montgomery Bus Boycott (1997) at 22-23 (italics added).
165. Wendt, Sprit, at 24; Raines, Soul, at 53; Fairclough, Redeem the Soul of America, at 25.
166. Wilkins, Standing Fast, at 260, 326.
167. Simone Wendt, “Urge People Not to Carry Guns: Armed Self Defense in the Louisiana Civil Rights Movement and the Radicalization of the Congress of Racial Equality,” 45 Journal of the Louisiana Historical Association, 261-286 (2004) at 281.
168. Roy Reed, “Meredith Regrets He Was Not Armed,” New York Times, June 8, 1966; James H. Meredith, “Big Changes Are Coming,” Saturday Evening Post, August 13, 1966, at 23-27; Wendt, Spirit, at 13; “He Shot Me Like . . . a God Damn Rabbit,” Newsweek, June 20, 1966, at 30.
169. Chester Higgins, “Meredith’s Threat to Arm Not Answer, Says Dr. King,” Jet June 23, 1966, at 17.
170. Cleveland Sellers, in Hampton and Fayer, Voices of Freedom, at 284-286.
171. Hill, Deacons, at 246; Garrow, Bearing the Cross, at 477; Oates, Let the Trumpet Sound, at 397-398; Sellers, River of No Return, at 162.
172. Hampton and Fayer, Voices of Freedom, at 287.
173. Evers, at 214.
174. Hill, Deacons, at 246; Garrow, Bearing the Cross, at 477; Oates, Let the Trumpet Sound, at 397-398, Sellers, River of No Return, at 162, 166; Raines, Soul, at 422; Hampton and Fayer, Voices of Freedom, at 281-295.
175. Strain, “Civil Rights,” at 137; “Marchers Upset by Apathy,” New York Times, June 14, 1966, at 19.
176. Wendt, Spirit, at 137; New York Times, June 14, 1966; “Earnest Thomas, Deacons,” New York Times, June 10, 1966; Hill, Deacons, at 10.
177. Wendt, “Urge the People,” at 280; Margaret Long, “Black Power in the Black Belt,” Progressive, October 1966, at 21.
178. New York Times, June 21, 1966; Martin Luther King Jr., Where Do We Go from Here: Chaos or Community? (1967) at 30; Joanne Grant says that SNCC staffer Willie Ricks was actually the first to shout the phrase from the crowd and Carmichael took it from there. Joanne Grant, Ella Baker: Freedom Bound (1998) at 193; Dittmer, Local People, at 396.
179. Wendt, “Urge the People,” at 280; interview with James Farmer, WABC-TV, April 25, 1965 (CORE Papers); Hill, Deacons, at 17. (Italics added.)
180. Wendt, “Urge the People,” at 280.
181. Strain, “Civil Rights,” at 125; James Farmer, “Deacons for Defense,” Amsterdam News, July 1965, at 15.
182. James J. Farmer, “A Night of Terror in Plaquemine, Louisiana” (1963), reprinted in Henry Steele Commager, The Struggle for Racial Equality (1972) at 134-144.
183. Wendt, Spirit, at 109; Anne Moody, Coming of Age in Mississippi (1968) at 303, 331.
184. Moody, at 333-365.
185. Wendt, “Urge People,” at 277-278; Strain, “Civil Rights,” at 199; Fred Powerledge, Free at Last? The Civil Rights Movement and the People Who Made It (1991) at 573; Wendt, Spirit, at 140; Neil A. Maxwell, “Militancy on the March,” Wall Street Journal, June 24, 1966.
186. Wendt, “Urge People,” at 279-282.
187. Ibid., at 279; James Farmer, Freedom When? (1965) at 65.
188. Ibid., at 281-85; Tyson, Radio Free, at 290-91; Lester A. Sobel, Civil Rights 1960–66 (1967) at 376.
189. Wendt, Spirit, at 141; New York Times, June 10, 1966. Harlem branch president and future CORE chairman Roy Innis would lose a son to gun violence and serve on the board of directors of the National Rifle Association.
190. Wendt, Spirit, at 141.
191. Hill, Deacons, at 2, 134-135.
192. Ibid., at 25, 35-39, 43-45; Wendt, Spirit, at 142.
193. Ibid., at 40.
194. Ibid., at 45, 50, 55.
195. Ibid., at 56-57, 62; New York Times, February 21, 1965.
196. Hill, Deacons, at 76-77.
197. Ibid., at 69, 108- 109.
198. Ibid., at 109.
199. Ibid., at 93-94, 109-110.
200. Raines, Soul, at 418; Hill, Deacons, at 97- 98, 105, 107.
201. New York Post, April 8, 1965; “Bogalusa Riflemen Fight off KKK Attack,” Jet, April 22, 1965, at 5; Hill, Deacons, at 118-119.
202. Hill, Deacons, at 119, 128; Louisiana Weekly, May 30, 1965; Bogalusa Daily News, May 24, 1965.
203. Hill, Deacons, at 133; New York Times, June 6, 1965; Strain, “Civil Rights,” at 121; Grant, Black Protest, at 358; “Deacons Organize Chicago Chapter,” New York Times, April 6, 1966 at 29.
204. Strain, “Civil Rights,” at 141; Grant, Black Protest, at 361. For nonshooting defensive gun uses, see chapter 9.
205. Strain, “Civil Rights,” at 126; Fred L. Zimmerman, “Race and Violence: More Dixie Negroes Buy Arms to Retaliate against White Attacks,” Wall Street Journal, July 12, 1965, at 1, 15.
206. Hill, Deacons, at 134-135; Los Angeles Times, June 13, 1965.
207. Shana Alexander, “Visit Bogalusa and You Will Look for Me,” Life, July 2, 1965 at 28.
208. Hill, Deacons, at 138-139.
209. Ibid., at 136-138.
210. “CORE Shifts to Politics: Tackles Media Money Problem,” Jet, July 1965, at 8-9; Hill, Deacons, at 140-142.
211. Zimmerman, “Race and Violence”; Hill, Deacons, at 142-143. Lance Hill conducted numerous personal interviews of Deacons members in his definitive work on the group. Hill reports that Henry Austin was not prosecuted for the shooting of Alton Crowe. Local authorities, anxious to avoid further confrontation, apparently determined not to prosecute Austin if he would leave town. Austin shows up in New Orleans shortly after the shooting and remained active in the Deacons chapter there. Hill, Deacons, at 213, 220, 240, 253. Communications with Lance Hill, July 2013.
212. Hill, Deacons, at 144.
213. “Investigative Report, Deacons for Defense and Justice,” November 22, 1966, FBI Files citied in Hill, Deacons, at 144, 231-232; Louisiana Weekly, July 17, 1965; Hill, Deacons, at 144, 231-232.
214. “The Deacons,” Newsweek, August 2, 1965, at 28-29; Louis Robinson and Charles Brown, “Negro Most Feared by Whites,” Jet, July 15, 1965, at 14-17.
215. “Guns, Pickets Down: Talks Begin in Bogalusa Racial Crisis,” Jet, June 24, 1965; “Bogalusa Riflemen Fight off KKK Attack,” Jet, April 22, 1965, at 5; “Denied Deacons Shot Bogalusa White Youth,” Jet, July 22, 1965, at 5; New Orleans Times Picayune, July 15, 1965; Bogalusa Daily News, July 15, 1965; Hill, Deacons, at 149, 167.
216. Hill, Deacons, at 193.
217. Ibid., at 211, 218-224; New York Times, September 5, 1967.
CHAPTER 8: PIVOT
1. Maynard Holbrook Jackson Jr., “Handgun Control: Constitutional and Critically Needed,” 8 N. C. Cent. L. J. (1976) at 189; District of Columbia v. Heller, 554 U.S. 570 (2008).
2. Roy Wilkins, The Autobiography of Roy Wilkins: Standing Fast (1963) at 341; Robert Sherrill, The Saturday Night Special (1975) at 23; Kellogg v. City of Gary, 562 N.E.2d 685, 688 (Ind. 1990). Rep. Major Owens (D–Brooklyn, NY) proposed repeal of the Second Amendment at 102d Cong. 2nd Sess., H.J. Res. 438; 139 Cong. Rec. H9088 at H9094, Nov. 10, 1993; Illinois congressman Bobby Rush proposed gun confiscation at Evan Osnos, “Bobby Rush; Democrat, U.S. House of Representatives,” Chicago Tribune, December 5, 1999; Archer v. Arms Technology 669 N.W.2d 845, 854–55 (Mich. Ct. App. 2003).
3. “Rev. Jesse Jackson Arrested at Gun Shop Protest,” Associated Press, Sunday, June 24, 2007; NAACP v. AccuSport, Inc.; Michael B. de Leeuw, “Ready, Aim, Fire? District of Columbia v. Heller and Communities of Color,” Harv. Blackletter L. J. (2009) at 133, 137.
4. Doug McAdam, Freedom Summer (1988) at 90; Doug McAdam, Political Process and the Development of Black Insurgency (1982) at 153-154, 183-185.
5. Akinyele O. Umoja, “The Ballot and the Bullet: A Comparative Analysis of Armed Resistance in the Civil Rights Movement,” 29 Journal of Black Studies (1999) at 558, 568.
6. Ibid., at 568.
7. Michael Levine, African Americans and Civil Rights: From 1619 to the Present (1996) at 198-208. See also Umoja, at 563.
8. Doug McAdam, Political Process and the Development of Black Insurgency (1982) at 183. “We Love Everybody Who Loves Us,” youtube.com/watch?v=Cz3isgUZe5Y, uploaded April 9, 2007, by “Malcolm X,” http://malcolmxfiles.blogspot.com/; “The Complete Malcolm X.”
9. This conflation was evident in Malcolm X’s declaration that “the biggest criminal against whom Blacks need to defend themselves [was] Uncle Sam.” Ultimate assessment of Malcolm X is complicated by the evident shift in his outlook after his pilgrimage to Mecca. After a fiery speech in Selma, Alabama, Malcolm whispered to Coretta King, “will you tell Dr. King that I’m sorry I won’t get to see him? I had planned to visit him in jail, but I have to leave. I want him to know that I didn’t come to make his job more difficult. I thought that if the white people understood what the alternative was, that they would be willing to listen to Dr. King.” Henry Hampton and Steve Fayer, Voices of Freedom: An Oral History of the Civil Rights Movement from the 1950s through the 1980s (1990) at 221-222.
10. Simon Wendt, “The New Black Power History, Protection or Path Toward Revolution? Black Power and Self-Defense,” Souls, October-December 2007, at 320, 328.
11. Hampton and Fayer, Voices of Freedom, at 327-328, 515- 516.
12. Strain, “Civil Rights & Self-Defense: The Fiction of Nonviolence, 1955–1968,” PhD dissertation, University of California, Berkley (2000) at 164; Bobby Seale, Seize the Time: The Story of the Black Panther Party and Huey P. Newton (1968) at 71, 116-117.
13. Strain, “Civil Rights,” at 172; Don Cox, in “The Black Panther Party: Its Origin and Development as Reflected in Its Official Weekly Newspaper The Black Panther Black Community News Service,” Staff Study by the Committee on Internal Security, U.S. Congress, House of Representatives, 91st Congress, Second Session, October 6, 1971 at page 26.
14. Kenneth O’Reily, Racial Matters: The FBI’s Secret File on Black America, 1960–1972 (1989) at 321.
15. Wilkins, Standing Fast, at 325; Strain, “Civil Rights,” at 215.
16. Hugh Pearson, The Shadow of the Panther: Huey Newton and the Price of Black Power in America (1994).
17. Wilkins, Standing Fast, at 314; Hampton and Fayer, Voices of Freedom, at 298.
18. Some people who were there say it was SNCC staffer Willie Ricks who said it first, but one account indicates that it was already sufficiently in use that to Ricks’s shouted question “What do you want?” the crowd was already primed to demand “Black Power!” Joanne Grant, Ella Baker: Freedom Bound (1999) at 193.
19. Meet the Press transcript, August 21, 1966, at 10- 26.
20. Wendt, Spirit, at 145; Herbert Haines, Black Radicals and the Civil Rights Mainstream 1954–1970 (1988) at 84; Manfred Berg, “Black Power: The National Association for the Advancement of Colored People and the Resurgence of Black Nationalism during the 1960s,” in The American Nation-National Identity-Nationalism (Knud Krakau, ed., 1997) at 235-262. (“Almost quadrupling its income between 1966 and 1968, the NAACP undoubtedly benefited from its adamant opposition to the new slogan.”) Id. at 239.
21. Wilkins, Standing Fast, at 316.
22. Ibid., at 317.
23. Roy Wilkins, “Whither Black Power,” Crisis, August-September, 1966, at 353- 354; Wendt, Spirit, at 141-146.
24. Wendt, Spirit, at 144; Martin Luther King Jr., Where Do We Go From Here: Chaos or Community? (1967) at 54; David Garrow, Bearing the Cross: Martin Luther King, Jr., and the Southern Christian Leadership Conference (2004) at 490.
25. Juan Williams, Thurgood Marshall: American Revolutionary (1998) at 334.
26. Sherrill, at 283-295; Nicholas J. Johnson et al., Firearms Law and the Second Amendment: Regulation, Rights, and Policy (2012) at 731.
27. Meet the Press, Sunday, July 16, 1967, at 9; Sherrill, at 283-295.
28. Michael L. Levine, African Americans and Civil Rights: From 1619 to the Present (1996) at 193, 211; “Progress Report 1967: Political Victories Climax Year of Strife and Explosion in Nations Black Ghettos,” Ebony, January 1968 at 118-122; Charles Evers, Have no Fear: The Charles Evers Story (1996) at 241-243, 256, 263-264. Coleman Young of Detroit was an outlier, declaring “I’ll be damned if I’m going to let them collect guns in the city of Detroit while we’re surrounded by hostile suburbs and the whole rest of the state who have guns, and where you have vigilantes practicing Ku Klux Klan in the wilderness with automatic weapons.” Bill McGraw, The Quotations of Mayor Coleman A. Young (2005) at 29.
29. See, for example, the incidents recorded by the Southern Poverty Law Center at http://www.splcenter.org/get-involved/stand-strong-against-hate.
30. Nicholas J. Johnson, “Self Defense,” J. L. Econ. & Pol’y (2006) at 187. Nicholas J. Johnson, “Principles and Passions, the Intersection of Abortion and Gun Rights,” 50 Rutgers L. Rev. (1997) at 97-197.
31. I address the objection that opposition to gun control is the cause of this government failure in Nicholas J. Johnson, “Imagining Gun Control in America: Understanding the Remainder Problem,” 43 Wake Forest L. Rev. (2008) at 837.
32. Emma Lou Thornbrough, “T. Thomas Fortune: Militant Editor in the Age of Accommodation,” in John Hope Franklin and August Meier, Black Leaders of the Twentieth Century (1980) at 22-23.
33. Jacqueline Jones Royster, Ida B. Wells Barnett, Southern Horrors and Other Writings (1997) at 70.
CHAPTER 9: THE BLACK TRADITION OF ARMS AND THE MODERN ORTHODOXY
1. Benjamin C. Zirpursky, “Self-Defense, Domination and the Social Contract,” 57 U. Pitt. L. Rev. (1996) at 579, 605. See also critiques of the utilization of principles of self-defense to expand rights on the progressive agenda, in Nicholas J. Johnson, “Principles and Passions: The Intersection of Abortion and Gun Rights,” 50 Rutgers L. Rev. (1997) at 97-197; Nicholas J. Johnson, “Self-defense?” 2 Geo. Mason J. L., Econ. & Pol. (2006) at 187; Nicholas J. Johnson, “Supply Restrictions at the Margins of Heller and the Abortion Analogue: Stenberg Principles, Assault Weapons and the Attitudinalist Critique,” 60 Hastings L. J. (2009) at 1285.
2. Robin L. West, “The Nature of the Right to an Abortion,” 45 Hastings L. J. (1994) at 961, 964-965.
3. Alex P. Kellogg, “Black Flight Hits Detroit,” Wall Street Journal, June 5, 2010; “Crime-ridden Camden, N.J., Cuts Police Force Nearly in Half,” January 18, 2011, by the CNN Wire Staff, http://www.cnn.com/2011/US/01/18/new.jersey.layoffs/index.html (last accessed October 1, 2013).
4. Robert Cooper, in Youth of the Rural Organizing Cultural Center. Their Minds Stayed on Freedom: The Civil Rights Struggle in the Rural South, an Oral History (1991) at 93.
5. Melissa Isaacson, “One Tough (But Sweet) Mother,” ESPN Chicago.com (January 14, 2010).
6. William Oliver, “The Structural-Cultural Perspective: A Theory of Black Male Violence” in Violent Crime: Assessing Race and Ethnic Differences (Darnell F. Hawkins, ed. 2003).
7. Project of the Graduate Institute of International Studies, Geneva, Small Arms Survey 2007: Guns in the City (2007) at 47-51. Nicholas J. Johnson, “Imagining Gun Control in America: Understanding the Remainder Problem,” 43 Wake Forrest Law Review (2008) at 847-860.
8. For a full discussion, see Johnson, “Imagining Gun Control,” at 837.
9. David Feith, “William Bratton: The Real Cures for Gun Violence, William Bratton, the Once (and Possibly Future) New York Police Commissioner, on the President’s Gun-Control Plans and the Need for ‘Certainty of Punishment,” Wall Street Journal, January 18, 2013; Johnson, “Imagining Gun Control,” at 851-856. There is no precise count of firearms in America. Estimates of the gun stock proceed based on surrogate information. In 2012, my coauthors and I calculated approximately 323 million. See Johnson, et al., Firearms Law, chapter 12 (online). There is general agreement that the number exceeds 300 million. William Bratton’s estimate of 350 million firearms is on the high end of the spectrum. It also accounts for record levels of gun buying over the last several years in response to gun-ban proposals.
10. The affiliated position of spot firearms bans only for beleaguered black communities is also a demonstrably failed experiment. The proffered excuse for that failure, and for the extraordinary levels of gun violence in rare places that banned guns, was that criminals were getting guns from other jurisdictions. The solution, proponents said, was to extend stringent gun restrictions to neighboring jurisdictions. But it was never realistic to expect the extraordinarily restrictive policies of a handful of municipalities to catch hold nationwide. And even if a national gun ban were enacted, the words would not make more than 300 million guns disappear but would instead send a large fraction of them into the black market.
11. Pew Research Center Publications, Views of Gun Control—A Detailed Demographic Breakdown (January 2011).
12. Pew Research Center, Public Divided over State, Local Laws Banning Handguns (March 2010).
13. Paula D. McClain, “Firearms Ownership, Gun Control Attitudes and Neighborhood Environment,” 5 Law & Policy Quarterly (1983) at 299-300, 304-308.
14. Pauline Brennan, Alan Lizotte, and David McDowall, “Guns, Southerness and Gun Control,” 9 Journal of Quantitative Criminology (1993) at 289, 304.
15. Harold M. Rose and Paula McClain, Black Homicide and the Urban Environment, Final Report, Grant #5 RO1 MH 29269-02, Submitted to Center for Minority Group Mental Health Programs, National Institute of Mental Health (January 1981) at 174-175.
16. Ibid., at 175.
17. Marvin E. Wolfgang, Patterns in Criminal Homicide (1958) at 31-37, 40-45, 84, 90-95.
18. W. E. B. Du Bois, The Philadelphia Negro: A Social Study (1889) at 97, 311, 318; David Levering Lewis, W. E. B. Du Bois: Biography of a Race (1993) at 206.
19. W. E. B. Du Bois, The Souls of Black Folk, in Three Negro Classics (1999) (1965) at 241, 249, 259, 284-94, 297.
20. Du Bois, Philadelphia Negro, at 235-268.
21. Lewis, Du Bois, at 186-187; W. E. B. Du Bois, The Autobiography of W. E. B. Du Bois: A Soliloquy on Viewing My Life from the Last Decade of its First Century (1962) at 195, 241, 249, 259, 284-94, 297; W. E. B. Du Bois, “Notes on Negro Crime Particularly in Georgia: A Social Study Made under the Direction of Atlanta University by the Ninth Atlanta Conference. Ed.” (1904).
22. Linda O. McMurry, To Keep the Waters Troubled: The Life of Ida B. Wells (1998) at 294; Alfreda M. Duster, Crusade for Justice: The Autobiography of Ida B. Wells (1970) at 301-302.
23. David T. Beito and Linda Royster Beito, Black Maverick: T. R. M. Howard’s Fight for Civil Rights and Economic Power (2009) at 67-68, 73.
24. Roy Wilkins, Standing Fast: The Autobiography of Roy Wilkins (1982) at 65. Wilkins was fully committed to the idea of black criminals being apprehended and punished in accordance with the law but was militantly opposed to mobbing that scooped up innocent men and punished anyone without a proper finding of guilt. This is an interesting contrast with some modern critiques arguing that punishment of black criminals at current rates is inherently problematic. See, Michelle Alexander, The New Jim Crow, Mass Incarceration in the Age of Colorblindness (2012).
25. Neil R. McMillan, Dark Journey: Black Mississippians in the Age of Jim Crow (1990) at 202-204.
26. Ibid., at 203; Collins v. Mississippi, 100 Miss. 435, 437 (1911); Butler v. Mississippi, 146 Miss. 505 (1927).
27. Delbert S. Elliott, “Life Threatening Violence Is Primarily a Crime Problem: A Focus on Prevention,” 69 Colo. L. Rev. (1998) at 1081, 1093.
28. David Kennedy and Anthony Braga, “Homicide in Minneapolis: Research for Problem Solving,” 2 Homicide Studies (1998) at 263-290; Robert J. Cottrol, “Submission Is Not the Answer: Lethal Violence, Microcultures of Criminal Violence and the Right to Self-Defense,” 69 U. Colo. L. Rev. (1998) at 1029.
29. Charles Lane, The Day Freedom Died: The Colfax Massacre, the Supreme Court and the Betrayal of Reconstruction (2008) at 5; Robert Cottrol and Raymond Diamond, “Never Intended to apply to the White Population” 70 Chi.-Kent L. Rev. (1995) at 1307-1335; Clayton Cramer, “The Racist Roots of Gun Control,” Kan. J. L. & Pub. Pol’y (1995) at 17.
30. Oliver, Structural-Cultural Perspective, at 280.
31. Robert Sherrill, The Saturday Night Special (1973) at 125.
32. Darnell Hawkins, ed., Homicide among Black Americans (1986).
33. Ibid., at 8. Hawkins followed his 1986 work with two additional books: Ethnicity, Race and Crime: Perspectives across Time and Place (1995) and Violent Crime: Assessing Race and Ethnic Differences (2003). One of the better concrete prescriptions for addressing the problem is provided in David M. Kennedy, Don’t Shoot: One Man, a Street Fellowship and the End of Violence in Inner-City America (2011).
34. The result comes from counting 743 gunshot deaths in King County, Washington. For every case where a gun in the home was used in a justifiable killing, there were 4.6 criminal homicides, 37 suicides, and 1.3 unintentional deaths. Arthur L. Kellermann and Donald T. Reay, “Protection or Peril? An Analysis of Firearm-Related Deaths in the Home,” 314 New Eng. J. Med. (1986) at 1557-1560; Stevens H. Clarke, “Firearms and Violence: Interpreting the Connection,” Popular Gov’t. (Winter 2000) at 3, 9; Gary Kleck, Point Blank: Guns And Violence in America (1991) at 114; Gary Kleck and Marc Gertz, “Armed Resistance to Crime: The Prevalence and Nature of Self-Defense with a Gun,” 86 J. Crim. L. & Criminology (1995) at 150-181.
35. “With about 1400 FGAs in 1987, this implies that there were fewer than 28 incidents of this sort annually.” Kleck, Point Blank, at 122.
36. Gary Kleck and Mark Gertz conducted an especially thorough survey in 1993, with stringent safeguards to cull respondents who might misdescribe a DGU story, yielding a midpoint estimate of 2.5 million DGUs annually. See Gary Kleck and Marc Gertz, “Armed Resistance to Crime: The Prevalence and Nature of Self-Defense with a Gun,” 86 J. Crim. L. & Criminology (1995) at 150. Eighty percent of these DGUs involved handguns, and 76 percent did not involve firing the weapon but merely brandishing it to scare away an attacker.
Marvin Wolfgang, one of the most eminent criminologists of the twentieth century and an ardent supporter of gun prohibition, reviewed Kleck’s findings and commented, “I am as strong a gun-control advocate as can be found among the criminologists in this country. . . . I would eliminate all guns from the civilian population and maybe even from the police. I hate guns. . . . Nonetheless, the methodological soundness of the current Kleck and Gertz study is clear. . . . I do not like their conclusions that having a gun can be useful, but I cannot fault their methodology. They have tried earnestly to meet all objections in advance and have done exceedingly well.” Marvin Wolfgang, “A Tribute to a View I Have Opposed,” 86 J. Crim. L. & Criminology (1995) at 188, 191-192.
Philip Cook of Duke and Jens Ludwig of Georgetown were skeptical of Kleck’s results and conducted their own survey for the Police Foundation. That work yielded an estimate of 1.46 million DGUs per year. Philip Cook and Jens Ludwig, Guns in America: Results of a Comprehensive National Survey of Firearms Ownership and Use (1996) at 62-75. Cook and Ludwig argue that their own study produced implausibly high numbers. For a response to Cook and Ludwig, see Gary Kleck, “Has the Gun Deterrence Hypothesis Been Discredited?” 10 J. Firearms & Pub. Pol’y (1998) at 65.
The National Opinion Research Center argues that Kleck’s figures are probably too high, and the National Crime Victims Survey (a government survey that does not actually ask about DGUs but reports volunteered information) is too low. The NORC estimates annual DGUs in the range of 256,500 to 1,210,000. Tom Smith, “A Call for a Truce in the DGU War,” 87 J. Crim. L. & Criminology (1997) at 1462. Gary Kleck notes “there are now at least 14 surveys, with an aggregate sample size of over 20,000 cases, and all of the surveys indicate at least 700,000 DGUs [per year].” Gary Kleck, “The Frequency of Defensive Gun Use,” in Don B. Kates and Gary Kleck, The Great American Gun Debate (1997) at 159.
37. Gary Kleck and Marc Gertz, “Armed Resistance to Crime: The Prevalence and Nature of Self-Defense with a Gun,” 86 J. Crim. L. & Criminology (1995) at 150, 175. The Kleck/Gertz survey found that at least 80 percent of DGUs involved handguns and that 76 percent did not involve firing the weapon but merely brandishing it to scare away an attacker.
38. Gary Kleck and Jongyeon Tark, “Resisting Crime: The Effects of Victim Action on the Outcomes of Crimes,” 42 Criminology (2005) at 861, 903.
39. Kleck, 35 Soc. Probs., at 7-9; Gary Kleck and Miriam DeLone, “Victim Resistance and Offender Weapon Effects in Robbery,” 9 J. Quantitative Criminology (1993) at 55, 73-77; Gary Kleck and Marc Gertz, “Armed Resistance to Crime: The Prevalence and Nature of Self-Defense With a Gun,” 86 J. Crim. L. & Criminology (1995) at 150, 174-75; William Wells, “The Nature and Circumstances of Defense Gun Use: A Content Analysis of Interpersonal Conflict Situations Involving Criminal Offenders,” 19 Just. Q. (2002) at 127, 152.
40. Lawrence Southwick, “Self-Defense with Guns: The Consequences,” 28 J. Crim. Just. (2000) at 351, 362, 367.
41. This visceral concern is sometimes exploited for political advantage. See discussion of Washington State Initiative 676, in Nicholas Johnson, “A Second Amendment Moment: The Constitutional Politics of Gun Control,” 71 Brooklyn Law Review (Winter 2005) at 786-788.
42. National Safety Council, Injury Facts (2011) at 143.
43. Stephen Breyer, Breaking the Vicious Circle: Toward Effective Risk Regulation (1995) at 5, 7 (airplane and vaccine data). “The likelihood of death by pool (1 in 11,000) versus death by gun (1 in 1 million-plus) isn’t even close.” For children in age range 0–19 years, it showed firearms-related deaths of 3,067 from homicide, suicide, and accidents. This broke down into 138 accidents, 683 suicides, and 2,161 homicides, 25 from legal intervention, and 60 undetermined. National Safety Council, Injury Facts (2011) at 143.
44. Lois A. Fingerhut et al., “Firearm and Nonfirearm Homicide among Persons 15 through 19 Years of Age,” 267 J. Am. Med. Ass’n 3048, 3049 tbl. 1.
45. Kates and Mauser, “Would Banning Firearms Reduce Murder and Suicide?
A Review of International and Some Domestic Evidence,” 30 Harvard J. Law and Public Policy (2007) at 649.
46. Alfred Blumstein and Joel Wallman, The Crime Drop in America (2006).
47. Robert Ikeda et al., “Estimating Intruder-Related Firearms Retrievals in U.S. Households, 1994,” 12 Violence & Victims (1997) at 363.
48. Richard Wright and Scott Decker, Burglars on the Job: Streetlife and Residential Break-Ins (1994) at 112-113.
49. James Wright, Peter Rossi, and Kathleen Daly, Under the Gun: Weapons, Crime and Violence in America (1983) at 139-140; Gary Kleck, “Crime Control through the Private Use of Armed Force,” 35 Soc. Probs. (1988) at 1, 12, 15-16.
50. David Kopel, Lawyers, Guns, and Burglars, 43 Ariz. L. Rev. (2001) at 345, 363-366. For more, see Philip Cook and Jens Ludwig, “Guns & Burglary,” and David Kopel, “Comment,” both in Evaluating Gun Policy (Jens Ludwig and Philip Cook eds., 2003).
51. James Wright and Peter Rossi, Armed and Considered Dangerous: A Survey of Felons and Their Firearms (expanded ed. 1994) at 146, 151, 155, 237.
52. U.S. Bureau of Justice Statistics, “Household Burglary,” BJS Bull. at 4 (1985).
53. George Rengert And John Wasilchick, Suburban Burglary: A Tale of 2 Suburbs (2nd ed., 2000; study of Delaware County, Penn., and Greenwich, Conn.) at 33; see also John Conklin, Robbery and the Criminal Justice System (1972) at 85.
54. Gary Kleck, Point Blank: Guns and Violence in America (1991) at 140.
55. Gary Kleck and David Bordua, “The Factual Foundation for Certain Key Assumptions of Gun Control,” 5 L. & Pol’y Q. (1983) at 271, 284; Gary Kleck, “Policy Lessons from Recent Gun Control Research,” 49 J. L. & Contemp. Probs. (1986) at 35, 47.
56. Don Kates, “The Value of Civilian Handgun Possession as a Deterrent to Crime or Defense against Crime,” 18 Am. J. Crim. L. (1991) at 113, 153. One set of commentators argued that the drop in Orlando rapes was statistically insignificant, being within the range of possibly normal fluctuations. David McDowall et al., “General Deterrence through Civilian Gun Ownership,” 29 Criminology (1991) at 541. But this objection was based on a model that would have found statistical insignificance even if gun-based deterrence had eliminated all rapes in Orlando. Kleck, Targeting Guns, at 181.
57. John Lott Jr., More Guns Less Crime: Understanding Crime and Gun Control Laws (3d ed. 2010); James Q. Wilson, “Just Take away Their Guns,” New York Times Magazine, March 20, 1994, at 47; National Research Council, Firearms and Violence: A Critical Review (2005) at 270; Nicholas J. Johnson, “A Second Amendment Moment, The Constitutional Politics of Gun Control,” 71 Brooklyn L. Rev. (2005) at 715, 747-764.
58. Rose and McClain, at 117, 270.
59. The quote is from Planned Parenthood v. Casey, 505 U.S. 833 (1992), upholding a woman’s right to choose abortion. For more on the intersection between the right to arms and reproductive rights claims see, Nordyke v. King, 644 F.3d 776 (9th Cir. 2011); J. Harvie Wilkinson III, “Of Guns, Abortions, and the Unraveling Rule of Law,” 95 Virginia L. Rev. (2009) at 253; Nicholas J. Johnson, “Supply Restrictions at the Margins of Heller and the Abortion Analogue,” 60 Hastings L. J. (2009) at 1285; Cass R. Sunstein, “Second Amendment Minimalism: Heller as Griswold,” 122 Harv. L. Rev. (2008) at 246; Nicholas J. Johnson, “Self Defense?” 2 Journal of Law Economics and Policy (2006) at 236; Nicholas J. Johnson, “Principles and Passions: The Intersection of Abortion and Gun Rights,” 50 Rutgers L. Rev. (1997) at 97.