THE CIVIL RIGHTS MOVEMENT (1954-1965)

 

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Brown v. Board of Education (1954)

 

For half a decade following Plessy, blacks had little success challenging the separate but equal doctrine; however, there were successful court challenges when the facilities afforded to blacks were clearly inferior.  In 1914, the Supreme Court upheld a challenge to a railway company that provided sleeping cars for white customers but none for blacks, and in 1941 an interstate carrier was successfully sued by a black congressman who held a first class ticket but was forced to move to a black-only car when his train crossed the border from Illinois to Arkansas.  The Court ruled that his rights were violated because the railway did not provide a first class car for blacks.[1]

Read more about Jim Crow America

In addition to segregated public accommodations, the law in many states also mandated segregated schools.[2]  In 1908, Berea College, a small Christian school in Kentucky, challenged a state law that forbade it from teaching black and white students together, but the Supreme Court upheld the law.  In the 1930s, the NAACP (National Association for the Advancement of Colored People), under the leadership of Charles Houston, Dean of the Howard University Law School in Washington, D.C., began a campaign to challenge the legality of school segregation.  Rather than directly attacking segregation in all schools, the NAACP legal team focused on examples that showed both gross inequality and were less challenging to white fears that the integration of the schools would lead to the “race-mixing” of young blacks and whites.  For this reason, most of the early cases focused on blacks who had been denied admittance to state-supported graduate schools.  In the first case, a black man, Lloyd Gaines, had been denied admission to the University of Missouri Law School solely due to his race.  When he sued for admittance, the state refused but offered to pay his tuition to an out-of-state law school that accepted blacks.  Gaines refused to accept this proposal, insisting that he be permitted to attend the most prestigious school in his state.  In upholding his challenge, the Court ruled that Missouri had violated the equal protection clause because “a privilege has been created for white law students which is denied to Negroes because of their race.”[3]  In the next major case, Heman Sweatt had been refused admittance to the University of Texas Law School, and when a state court ordered him to be admitted, Texas announced plans to build a separate black law school.  Sweatt sued in federal court, claiming that the new law school would lack the prestige and experienced faculty of the white law school.  The Supreme Court ordered Sweatt admitted to the white school, noting that: “It is difficult to believe that one who had a free choice between these law schools would consider the question close.”  At the same time that the Court heard the Sweatt case, they also heard a challenge from a man who had been admitted to the University of Oklahoma’s Graduate School of Education but was forced to sit alone in the classrooms, library, and cafeteria in areas roped off with a sign “Reserved for Colored.”  In ruling that G.W. McLaurin’s rights had been violated by this treatment, the Court noted that the restrictions “impair and inhibit [his] ability to study, to engage in discussion and exchange views with other students, and, in general, to learn his profession.”  The decisions in these cases dealt a powerful blow to the legal position that separate could ever be equal. [4]

With its successes in higher education cases, the NAACP and its lead attorney Thurgood Marshall turned its attention to segregation affecting public school children.[5]  Five separate cases from Kansas, South Carolina, Virginia, Delaware, and the District of Columbia all had reached the Supreme Court by 1952.  In each case, lower courts had ruled that the educational opportunities afforded black students were not unequal to those provided whites and therefore, under Plessy v. Ferguson, were not in violation of the Fourteenth Amendment.  The NAACP now sought a direct overrule of Plessy and a statement that separate facilities were unconstitutional regardless of their “equality.”  Four of the cases were combined in what became known as Brown v. Board of Education (1954).[6] 

A significant obstacle for the NAACP to overcome was the need to demonstrate the actual damaging effects of segregation on black children.  To do this, Columbia University psychologist Kenneth Clark conducted research with two dolls, identical except for their skin color.  Clark’s research demonstrated that black children raised in segregated environments tended to attribute positive characteristics to the white doll and negative ones to the black doll.

A year and a half after hearing initial arguments, in a unanimous decision, the Court struck down Plessy as it applied to school segregation.  Writing for the Court, Chief Justice Earl Warren stated that: “Separate educational facilities are inherently unequal.”  Warren based his conclusion in part on Dr. Clark’s that confirmed that segregation reinforced a feeling of inferiority among black children.  Warren wrote in the decision: “To separate them from others of similar age and qualifications solely because of their race generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely to ever be undone.”

Despite the Court’s clear ruling, Southern whites were determined to resist change.  Governor Herman Talmadge of Georgia called the decision a “mere scrap of paper,” and Governor James Byrnes of South Carolina said “Ending segregation would mark the end of civilization in the South as we have known it.”  White Citizen’s Councils were organized in most southern communities to resist any type of change.  These organizations consisted of leading politicians and businessmen.  One of its leaders said that its purpose was “to make it difficult, if not impossible, for any Negro who advocates desegregation to find and hold a job, get credit, or renew a mortgage.”  As Charles Houston had earlier predicted, the Court decision would have little immediate impact upon many blacks: “Nobody needs to explain to a Negro the difference between the law in the book and the law in action.”

In fact, there was very little progress for blacks immediately followed the Brown Decision.  Southern leaders refused to change, and the Court allowed delay in implementation.  The president, Dwight Eisenhower, was against any rapid, forced change as well: “I am convinced that the Supreme Court decision set back progress in the South at least fifteen years.”  In most areas of the South, blacks were intimidated and afraid to even attempt to exercise their rights.

 

The Murder of Emmett Till (1955)

 

Challenges to the system, however, were bound to occur.  The first occurred in one of the most unlikely places, the state of Mississippi.  Mississippi had the reputation as the most racist state in the country.  Blacks outnumbered whites until World War II, and whites were determined to keep them powerless, often resorting to violence.  Blacks were lynched for simple offenses like stealing food or talking back to a white person.  In 1955, two NAACP members were lynched for trying to register black voters

Emmett Till was a fourteen year old boy from Chicago who was unfamiliar with southern segregation.  After finishing eighth grade, Till and his cousin, Wheeler Parker, went to Money, Mississippi to visit their great uncle, Mose Wright.  There, the two teenagers went to Bryant’s Grocery and Meat Market where they played checkers outside with other boys.  Till had a picture of his classmates and bragged to the southern black boys that a white girl in the photo was his girlfriend.  Obviously, they didn’t believe him and dared him to go into the store and talk to the pretty young storekeeper, Carolyn Bryant.  Till took the dare, and went into the store.  What happened next is not entirely clear as Till allegedly either squeezed Mrs. Bryant’s hand and said: “How about a date, baby,” whistled at her, or said “Bye Baby” to her as he left.  Aghast, an old black man warned the children that she would “blow his brains out,” and the boys fled.

 

Three days later, Carolyn’s husband, Ron Bryant and brother, J.W. Milam, came to Mose Wright’s house and took Till away despite Wright’s pleas.  Three days later, Emmett Till’s body was found in the Tallahatchie River, tied to a seventy‑five pound cotton gin fan.  He had been badly beaten and shot in the head.  The body was so disfigured that Mose Wright could only identify it because of Till’s ring.

 

Bryant and Milam were arrested, and the gruesome lynching even horrified white Mississippians, as the two men originally had trouble getting an attorney to take their case.  The murder became a national story when Till’s mother, Mamie Bradley, ordered the body shipped back to Chicago for burial.  She elected to leave the coffin open, displaying Till’s badly disfigured face, “so the world could see what they did to my boy.”  A horrifying picture of Till’s corpse was printed in a popular black magazine.  Northerners of both races called for an end to barbarism in Mississippi and the swift punishment of Till’s murderers.  These statements soon produced a backlash in Mississippi as whites condemned criticism of their state as a “communist plot to destroy southern society.”

 

The Till murder trial began on September 19, 1955.  Testifying against a white in court usually meant death for a black person in Mississippi, but Mose Wright identified Bradley and Milam as the men who had taken Till away.  It was the first time in Mississippi history that a black man had accused a white of murder since Reconstruction.  Other blacks testified, including Till’s mother, but the verdict was a foregone conclusion.  After a five day trial, the all-white jury found Bradley and Milam innocent after deliberating just over an hour.  The two men later admitted the murder to a reporter for a cash payment of $4,000.  The Till Case had many repercussions.  Northerners could not ignore the violence of southern segregation, and Wright’s willingness to testify had broken a barrier for southern blacks.

 

The Montgomery Bus Boycott (1955-1956)

 

Like almost all aspects of southern life, city buses were segregated in the South.  The routine for entering the busses was particularly humiliating.  Blacks paid at the front and were then required to exit the bus and reenter in the rear.  Blacks sat in the rear, whites in the front, but there was no fixed barrier.  As more whites got on the bus, blacks were expected to give up their seats and move to the rear.  This practice angered blacks who made up 75% of the bus customers in major southern cities like Montgomery, Alabama.  A one week boycott by blacks in Baton Rouge, Louisiana had led to a “first-come-first-served” policy in 1953.

 

The local NAACP in Montgomery, led by Rev. E.D. Nixon, wanted to challenge the legality of bus segregation in the courts.  Nixon was preparing to defend fifteen year old Claudette Colvin after she was arrested in early 1955 for refusing to give up her seat to a white person but he dropped his plans when she was found to be pregnant.  Rosa Parks was arrested for the same offense on December 1, 1955.  Parks was a forty-two year old seamstress who had previously worked as Nixon’s secretary in the Montgomery NAACP.  After Parks’ arrest, Nixon and Rev. Ralph Abernathy decided to organize a one day bus boycott in protest on the date of her trial.[7]  35,000 handbills were distributed at black churches before the December 5 boycott, and the action proved to be a huge success as almost none of the 40,000 blacks who regularly rode the buses did so on that Monday.  In light of the boycott’s overwhelming success, black leaders met that night and agreed to continue the boycott.  They formed the Montgomery Improvement Association (MIA) to coordinate the boycott and elected Martin Luther King, Jr. its leader.  King was a twenty-six-year-old minister in his first year at the Dexter Avenue Baptist Church.  New to town, it was thought that King’s leadership would avoid existing rivalries in the black community.  King had a doctorate in theology from Boston University as well as a reputation as an excellent public speaker. 

 

The MIA made three demands: first-come-first-served seating with whites in front and blacks in the rear, courteous treatment from drivers, and that black drivers be considered for primarily black routes.  These modest demands were rejected by the Montgomery City Council on December 8, and segregationists fought back against the boycott.  King’s home was bombed on January 31, as was Nixon’s the next day.  King and eighty-eight others were arrested on February 21 for the violation of an anti-boycott law.  Found guilty, he immediately appealed the $500 fine.  King’s arrest made the bus boycott a national news event, and the bus company and city businessmen were soon hurt financially by the boycott.  The boycott lasted over a year, as the NAACP pursued a court decision declaring the bus segregation illegal.  This finally occurred when the Supreme Court ruled on November 13, 1956.  The boycott ended on December 20, 1956 when the buses were integrated.  Some violence resulted, as snipers fired at buses and five black churches were bombed as was Rev. Abernathy’s home.  Blacks in other cities, however, saw the power of the boycott to fight segregation, and Dr. King became a national figure.  Elected the leader of the Southern Christian Leadership Conference (SCLC), Dr. King became viewed as the leader of black’s aspirations to overturn the edifice of Jim Crow.  The Montgomery Bus Boycott proved to be an important turning point in history.  For the first time, large umbers of blacks had worked together to fight racism and won.  In addition, the movement acquired an articulate spokesman.

 

Little Rock (1957)

 

Little Rock, Arkansas was one of the first southern cities to begin desegregating its public schools.  The city had a progressive reputation, blacks served on the police force, one-third of the black population was registered to vote, and city parks, libraries, public housing, and even some neighborhoods were integrated.  The school board announced that Central High School, located in a working class area of the city, would be integrated in the fall of 1957, while a new school, Hall High School, on the upper-middle class west side would remain all white.

 

White opposition to school integration in Little Rock was led by the Capital Citizens’ Council, and Governor Orval Faubus, who faced re-election every two years, was nervous about the public reaction to desegregation.  In 1956 Faubus, who had been viewed as a moderate on racial issues, released a poll that showed 85% of the whites opposed integration and announced his opposition to the plan.  The school board began to delay implementation plans, but the local NAACP chapter, led by Daisy Bates, sued the school board and won.

 

As the controversy grew, only 75 black students applied to go to Central High School.  The white school board screened this number down to 25, attempting to pick students who had the best chance of academic success.  By the fall, threats against students and their parents reduced the number to nine.  After a federal district court reversed a local court’s decision to delay the integration, Governor Faubus announced that he would use the state’s national guard to bar blacks from Central High, warning that “Blood will run in the streets if Negro pupils should attempt to enter Central High School.”

 

School started on September 4 as an angry crowd assembled outside the school, taunting black students as the guard refused to allow them to enter.  Eight of the students had met at Mrs. Bates’ home and had come to school with a police escort.  One student, fifteen-year-old Elizabeth Eckford, whose family had no phone, had failed to get the message to meet the others and approached the school alone where she faced the full fury of the mob who were chanting “Lynch her! Lynch her!”  Eckford was spat upon and cursed at by the mob before she was rescued by two white bystanders who successfully got her on a city bus.

 

On September 10, the U.S. Justice Department filed suit against Faubus for defying the previous court order.  As the crisis grew, Faubus met with President Eisenhower and asked for a one year delay.  Eisenhower refused and told him to obey the court which had ordered him to remove the national guard.  On September 23, the nine black students again attempted to go to school past an angry mob of whites.  The students got inside safely but were sent home at noon when the mob grew to thousands.  Later that evening, on national television, President Eisenhower called it “a disgrace.”  Little Rock mayor Woodrow Mann then asked Eisenhower to send in federal troops to prevent further violence.  A day later, Eisenhower ordered the 101st Airborne Division and the federalized Arkansas National Guard to Little Rock and went on national television to explain that: “Mob rule cannot be allowed to override the decisions of our courts.”

 

The nine black students rode to school in jeeps and entered school on September 25 with an army escort.  Throughout the year, they were horribly harassed by their white classmates, and one was eventually expelled for retaliating to the harassment.  The other eight survived the year, and the lone senior, Ernest Green graduated with his 601 white classmates.  Faubus closed all of Little Rock’s public schools in 1958 and was overwhelmingly re-elected with 69% of the vote.  Many whites attended newly opened private academies in 1958, while almost all blacks spend the year without any schooling before the Supreme Court ruled that the governor’s closing of the schools had been unconstitutional.  While the schools reopened on an integrated basis in Little Rock in 1959, many other southern states closed their schools to avoid any integration.  Still, the crisis in Little Rock had forced the federal government to act decisively for the first time since Reconstruction in support of enforcing the law as it applied to civil rights.

 

The Development of a Civil Rights Movement (1960-1962)

 

The events of 1954-59 had in many ways convinced blacks that they needed to act assertively to secure their rights.  The success in Montgomery and federal intervention in Little Rock had inspired confidence that was felt throughout the country.  A comic book, Martin Luther King and the Montgomery Boycott, helped publicize the event to younger blacks.  Although organizations such as the NAACP, SCLC, and CORE (Congress of Racial Equality) sometimes disagreed on tactics, they generally agreed on two major goals—ending segregation and securing the right to vote.

 

On February 1, 1960, four North Carolina A. & T. students sat at the lunch counter in the Woolworth store in Greensboro, North Carolina and refused to leave.  As was the custom, the store refused to serve them and they sat until closing time.  They were not arrested because local law did not require the lunch counters to be segregated, and even some whites were sympathetic.  An elderly white woman students approached the students and said, “Boys, I am just so proud of you. My only regret is that you didn’t do this 10 or 15 years ago.”

 

Within days, over 300 students were participating in sit-ins” in the Greensboro area.  In the segregated states, blacks were free to shop at these chain stores, but could not eat at the lunch counters.  Before the advent of fast food restaurants, this denied blacks the ability to get a quick meal in most southern cities.  With the help of the Congress of Racial Equality, the Greensboro sit-ins soon spread to other southern cities.  The demonstrations had an immediate economic effect.  Whites soon gathered to harass the sit-in participants, and violence sometimes ensued.  Shoppers and customers soon avoided the stores, and civil rights organizations boycotted chain stores in the North who practiced segregation in the South.  Some stores simply closed their lunch counters, but many reluctantly served black customers. 

 

Sit-ins in Nashville, Tennessee began on February 18.  One week later students were attacked at a lunch counter, burned with cigarettes, and yanked off stools and beaten.  When the police arrived, they ignored the white mob and arrested the sit-in participants.  Nonetheless, the sit-ins continued and the Greyhound and Trailways bus terminals were desegregated.  Downtown stores were empty.  One white merchant commented, “You could roll a bowling ball down the street and not hit anybody these days.”[8]  The turning point in Nashville occurred in April after the home of a prominent black attorney was destroyed by dynamite.  2,500 students and community members marched on the city hall where Mayor Ben West was confronted by twenty-two-year old Fisk University student, Diane Nash.  As television cameras zoomed in, Nash asked the mayor if he believed that discrimination was wrong.  After he replied that he did, the next day’s headline of the Nashville Tennessean read “Mayor Says Integrate Counters.”

 

The widely publicized success in Nashville inspired more sit-ins and a student movement called the Student Non-Violent Coordinating Committee (SNCC, popularly known as “Snick”) was formed to direct the growing number of sit-ins.  In July, the stores in Greensboro were desegregated, and by the fall sit-ins had spread to 112 other southern cities.

 

The growing sit-in movement occurred in the midst of a hotly contested presidential election.  Neither Vice President Richard Nixon, the Republican nominee, nor the Democrat, John F. Kennedy, had been particularly strong advocates of civil rights.  Although a majority of blacks had switched to the Democratic Party during the 1930s, there were strong misgivings about Kennedy.  He had not advocated a rapid implementation of the Court’s Brown decision and was strongly supported by Alabama’s segregationist governor, John Patterson.  Jackie Robinson, the most famous black person in the country, actively campaigned for Nixon.

 

One event changed the opinion of many blacks.  Martin Luther King was arrested in Atlanta on October 19 while participating in a sit-in, and was sentenced to four months in a rural Georgia penitentiary.  King’s family feared for his life and were delighted when Kennedy telephoned Mrs. King to express his sympathy.  The candidate’s brother, Robert Kennedy, later interceded with a local judge to secure Dr. King’s release on bail.  When word of Kennedy’s phone call became public, many blacks switched their support to him as pro-Kennedy leaflets were distributed at black churches.  Kennedy won a very close election 49.7 to 49.5%, capturing 7% more of the black vote than the Democrats had in the previous presidential election. 

 

Although blacks generally viewed Kennedy’s election with optimism and looked forward to the new administration, there was concern that, without pressure, the new administration would proceed only cautiously in regard to civil rights.  An opportunity to provide this pressure occurred when the Supreme Court ruled in December of 1960 that discrimination in interstate travel was illegal.  Despite this ruling, travel on interstate busses in the South remained segregated, with blacks seated in the rear and whites in the front.  In addition, bus terminals had segregated eating facilities and waiting rooms.  James Farmer, the national director of CORE, was determined to force the issue of transportation integration through Freedom Rides where integrated groups of bus riders would travel through the South.  Blacks would sit in the front and whites in the back of the buses.  At rest stops, blacks would attempt to use the white-only facilities.  The plan was not unprecedented.  In 1947, CORE had sent integrated groups of bus riders into the upper South where they were harassed and finally arrested.  The first freedom riders left Washington, D.C. for New Orleans on May 4, 1961.  At first they met no opposition, but they were attacked by a mob of 200 whites in Annison, Georgia and a bus was firebombed outside of town.  A second bus was attacked in Birmingham, Alabama and the riders were badly beaten while the local police took no action.  One rider, William Barbee, was paralyzed for life.

The attacks became international news as pictures of the beaten and bloody Freedom Riders appeared on the front pages of newspapers, pressuring the Kennedy administration to act to enforce the court decision.  Volunteers from SNCC decided to continue the ride, and ten students went to Birmingham on May 17 where they were promptly arrested by the Commissioner of Public Safety, Bull Connor and dumped at the Tennessee border two days later.  Undaunted, the volunteers returned immediately to Birmingham determined to continue the ride.  The Kennedy administration sent John Seigenthaler of the Justice Department to mediate with Alabama’s Governor, John Patterson, who reluctantly assured the federal government that he would provide police protection.  Attorney General Robert Kennedy also put pressure on Greyhound to provide a bus.  On May 20, 21 riders left Birmingham.  When they arrived in Montgomery, the police escort disappeared and they were attacked by a mob in the Birmingham bus station.  Again, the riders were badly beaten, and Seigenthaler was knocked out when he was hit with a pipe.  Kennedy was forced to send 600 federal marshals to Montgomery, and Governor Patterson reluctantly declared martial law to end the siege.  Twenty-seven riders finally left Montgomery on May 24 and were arrested in Jackson, Mississippi for “trespassing” in an all-white waiting area.  They were sentenced to sixty days in the state penitentiary.  More freedom riders followed during the summer of 1961.  The Freedom Riders successfully demonstrated the need for federal intervention and the violence directed against them dramatized their cause to the entire nation.  Horrified by the violence, the Kennedy administration sought to get the movement to shift its emphasis more toward voting rights and avoid the highly publicized confrontations which inevitably sparked a violent response.

 

Birmingham (1963)

 

Kennedy’s hopes to avoid bloodshed were soon dashed.  During the spring of 1963, violent confrontations between the police and demonstrators in Birmingham, Alabama once again captured international attention.  Birmingham was known as the industrial capital of the South.  Forty percent black, the city had a long history of racial violence, including the violent assault on the Freedom Riders in 1961.  Singer Nat King Cole had been beaten on stage in 1956, and in the following year whites seized a black man off the street, took him out in the countryside, and castrated him.  Local civil rights leader Reverend Fred Shuttlesworth had been beaten and his wife stabbed when he tried to register his children at a white school in 1957.  Later, his house was bombed.  So many black homes had been destroyed between 1957-1963 that the town acquired the nickname “Bombingham.”  Upon Shuttlesworth’s urging, Birmingham was targeted by SCLC in 1963 after an effort to integrate Albany, Georgia had failed in 1961-62.  The movement in Albany had been foiled by the creative and restrained reaction of white leaders.  Faced with mass demonstrations, Chief of Police, Laurie Pritchett, formed a strategy for dealing with the protesters.  He had studied the previous events in the movement and tried to avoid violent confrontations, choosing a strategy of mass arrests and using surrounding jails to avoid filling up the jails which made further arrests impossible.  He also refused to allow Dr. King and other prominent leaders to remain in jail, thereby not allowing them to become martyrs.  Despite President Kennedy’s pleas, city leaders refused to negotiate with black leaders and southern federal judges refused to allow marches and demonstrations.  Civil rights leaders were forced to decide if they would defy the court orders and reluctantly concluded that they could not at the same time that they were demanding more vigorous federal intervention to enforce desegregation rulings.  Some blacks were frustrated and turned to violence, and in the end very little progress was made.  The major civil rights organizations left, and Dr. King remarked “we got nothing and the people were left depressed and in despair.”[9]

 

In Birmingham, the movement tried to avoid the Albany mistakes by careful planning and tactics as it greatly needed a victory to recapture its momentum.  President Kennedy had introduced a civil rights bill to address segregated public accommodations, but it languished in Congress.  In January, the new governor of Alabama, George C. Wallace, had been cheered when he struck a defiant tone in his inauguration speech, proclaiming, “Segregation now!  Segregation tomorrow!  Segregation forever!”

 

It was decided to focus on confrontation in the business districts downtown where protests would have the maximum economic impact.  There were signs that some white leaders wanted to avoid a confrontation.  A few businesses had peacefully integrated the year before and the blatantly racist police commissioner Eugene “Bull” Connor had been defeated when he ran for mayor.  Hopeful that progress was being made, the U.S. Justice Department asked King to cancel the protests, but he refused, and they began in April of 1963.  Twenty blacks were arrested for picketing a segregated store, and Shuttlesworth and thirty others were jailed in a demonstration at city hall.  When a federal court judge ordered no more demonstrations, King ignored the court order, led a march on April 12, and was arrested along with fifty others.  The tactics of the movement were criticized by some blacks, and a group of white ministers took out a full-page advertisement in the local newspaper, decrying the protests as “unwise and untimely.”  In solitary confinement and denied writing paper, King wrote a reply in the margins of the newspaper, which was later published as his famous “Letter from a Birmingham Jail.” 

 

After King was released on bond on April 20, the SCLC made the controversial decision to use children (ages six to eighteen) to engage in mass demonstrations.  The rationale was that children were less open to financial retaliation than adults and would create a more powerful image if they were subjected to mass arrest.  On May 2, the marches began and 959 children were herded off to Birmingham Jail.  With 1,000 children prepared to march the next day, Police Commissioner Bull Connor was determined to put an end to the demonstrations.  The next day he met the marchers with police dogs and fire hoses.  The demonstrations were broadcast on television and viewers recoiled at the sight of children being attacked by dogs and hit with high pressure streams of water that could knock the bark off of trees.  The demonstrations continued, and within a few days, 2,000 demonstrators had been jailed.  Finally, the Kennedy administration urged Birmingham’s business leaders to mediate the dispute, and a truce was declared for May 10.  Downtown lunch counters would be desegregated, and promises were issued that blacks would be hired in downtown businesses.  Many whites condemned the agreement made by the business leaders, and King’s brother’s home was bombed as well as the hotel where King was staying.  The bombings triggered a violent response, and black rioting resulted in the burning of seven downtown stores.  President Kennedy threatened to send federal troops to Birmingham if local officials could not preserve order, announcing that the government would “do whatever must be done to preserve order, protect the lives of its citizens, and uphold the law of the land.”

A month later, Kennedy was forced to act when Governor Wallace attempted to defy federal marshals by standing in the doorway of a university building to prevent two black students from enrolling in the University of Alabama.  After the students were registered, the president appeared on national television and urged Congress to pass a new, and significantly stronger, civil rights act.  In the summer, civil rights groups organized a March on Washington to draw support for the civil rights bill.  Kennedy was afraid that the march would hurt the bill’s chances but gave his reluctant support.  One-quarter of a million people, including 60,000, whites came to Washington where Martin Luther King, Jr. made his famous “I Have A Dream Speech.”  The march was a huge success without any violence, concluding with a general feeling of accomplishment. Only eighteen days after the march’s conclusion, however, four black girls (ages 11-14) were murdered when their church was blown up in Birmingham during a Sunday School class.

 

Mississippi

 

Mississippi was considered the most discriminatory state in the U.S.  It had the country’s largest black population (45%), but only 5% were registered to vote and all institutions in the state were strictly segregated.  The state had no intent of following the Brown decision and closed schools to avoid integration.  In addition, the state legislature outlawed “nuisance” lawsuits, which prevented court challenges to segregation.  The NAACP field secretary in Mississippi was Medgar Evers, a World War II combat veteran who had landed at Normandy on D-Day.  He and his brother, Charles, had attempted to vote in the late 1940s but were turned away by a heavily armed mob.  In 1954, he had unsuccessfully attempted to gain admission to the law school of the University of Mississippi.

 

The James Meredith case focused national attention on Mississippi in the fall of 1962.  Meredith, a nine year military veteran, was a sophomore at the all-black Jackson State University who wanted to transfer to the University of Mississippi (Ole Miss).  When a federal court ordered his admission in September of 1962, Governor Ross Barnett spoke on statewide television, maintaining that the state’s response to federal orders to integrate would simply be “Never.”  When federal marshals escorted Meredith onto the campus on the night of September 30, rioting ensued.  168 marshals were injured (28 were shot) and two people were killed.  Under heavy guard, Meredith began classes the next day.  A year later, he graduated with a degree in political science, wearing an upside‑down “Never” button on his gown.

 

Evers launched an anti-segregation campaign in Jackson in 1963.  When the mayor appeared on television to urge the city’s black residents not to participate in demonstrations and pledged that the city would not compromise, the Federal Communications Commission ordered that Evers be given equal time, and he spoke articulately to a statewide audience.  A series of sit-ins was met with violent resistance as participants were beaten and sprayed with paint.  On the night that President Kennedy appeared on national television to announce the new civil rights bill, June 12, 1963, Evers was assassinated as he arrived at his home in Jackson.  He was buried at Arlington National Cemetery, and a member of a White Citizens Council, Byron de la Beckwith, was arrested for the shooting.  Despite the fact that a gun that he owned, containing only his fingerprints, was proven to be the murder weapon, two trials both ended in hung juries.[10]

 

After Evers’ assassination, the focus in Mississippi shifted to voter registration.  Bob Moses, a New York City teacher who came to Mississippi in 1960 as a CORE organizer, led a project in the fall of 1962 to demonstrate the desire of black Mississippians to vote.  Moses had been arrested and beaten in the summer of 1961, and his driver was shot and killed in September of 1961.  Because of overwhelming fear, it was unrealistic to expect blacks to actually attempt to register, so Moses held a mock “Freedom Vote.”  With the cooperation of all of the major civil rights organizations in the state, a united organization known as COFO (Council of Federated Organizations) was formed.  Sixty white volunteers from Stanford and Yale worked for two weeks to publicize the vote and 93,000 black’s cast “freedom votes” for candidates representing the Mississippi Freedom Democratic Party (MFDP).  Following the success of the Freedom Vote, COFO decided to launch a much more ambitious project for the summer of 1964.  COFO invited hundreds of college students to work in Mississippi.  Their goals were to open “freedom schools” to teach black children and conduct voter registration classes for adults as well as to develop community centers to provide medical and legal assistance to the black community.  In addition, candidates from the MFDP would challenge the state’s all-white Democratic Party delegation’s right to represent the state at the party’s 1964 national convention. 

 

Three-quarters of the 800 student volunteers were white, many from prominent families.  The first day of the project, June 21, three civil rights workers disappeared.  The three men, Michael Schwerner, a twenty‑four year old white CORE organizer who had been helping to organize a community center in Meridian, James Chaney, a twenty‑one year old black from Meridian, and Andrew Goodman, a twenty‑one year old white college student from New York had been arrested for speeding outside of Philadelphia, Mississippi by Deputy Sheriff Cecil Price.  After paying a fine the men were released and simply disappeared.  President Lyndon Johnson sent federal agents into the state to search for the missing men.  In the course of their search, the investigators discovered the bodies of other black lynching victims and the burned out remains of the three men’s car.

 

As the search for Schwerner, Chaney, and Goodman continued, Congress finally passed the civil rights bill that the late President Kennedy had proposed in the previous year.  Known as the Civil Rights Act of 1964, the law outlawed segregation in public accommodations (hotels, restaurants, parks, pools, and libraries) and employment, shut off federal funds to institutions that were guilty of discrimination, and allowed the Attorney General to start suits to force school desegregation.  On August 4, responding to information from a paid KKK informant, the FBI located the bodies of the missing civil rights leaders that had been buried beneath an earthen dam near Philadelphia.  The men had been shot, and Chaney’s skull had been fractured by a beating.  In December, twenty-one whites, included Deputy Sheriff Price, were arrested for their murder.

 

At the Democratic Convention in August, members of the MFDP challenged the right of the elected white Democrats, who had been selected in a primary in which blacks were almost universally excluded, to represent the state.  The leaders of the regular party had already adopted a statement repudiating the national party’s support for civil rights and threatened to support Johnson’s opponent, Barry Goldwater, in the November election.  With Johnson’s nomination assured, the battle over the Mississippi delegation provided the main drama of the convention.  Testifying at a nationally televised hearing, a COFO volunteer, Fannie Lou Hamer, told of being savagely beaten for attempting to register to vote.  Hamer, sitting beside Michael Schwerner’s widow, asked: “Is this America?  The land of the free and the home of the brave?”  Ultimately, the convention refused to unseat the white delegation (although they walked out of the convention anyway), but brought nationwide attention to the movement in Mississippi and secured a promise that conventions would not seat segregated delegations in the future.  The Freedom Summer project concluded as blacks, for the first time since Reconstruction, became involved in the political process in Mississippi.  The project also later became the basis of Johnson’s Great Society programs of preschool education, nutrition programs, and medical and legal assistance to the poor. 

 

Selma (1965)

 

After the Civil Rights Act of 1964, the movement focused its attention on voting rights.  The 1964 act did little to solve the problem of southern blacks not being allowed to vote.  Between 1962‑1964 the number of registered blacks in Mississippi only increased from 5.3% to 6.7%.  In Alabama, only 13.4% of eligible blacks were registered.  In 1965, Selma, Alabama became the main target of the movement’s efforts to get Congress to pass a stronger voting rights bill.  Blacks made up half of the population, but only 156 out of 15,000 were registered to vote.  The Selma registration office was only open the first and third Mondays of the month.  Registrars arrived late, took long lunches, and closed early.  Blacks rarely passed the literacy tests even if they had to read words like “constitutionality” to the registrars.  Many local blacks were afraid of SNCC’s efforts to hold “voting clinics,” often responding: “That’s white folks’ business.”[11]  The police, led by Sheriff Jim Clark, harassed those who attended the clinics.  SNCC organized a “Freedom Day” on October 7, 1963 to register voters, and Clark had photographers take pictures of each person in line as registrars asked “Does your employer know you are here?”  SNCC leaders were arrested and newsmen were attacked.

 

After Martin Luther King accepted the Nobel Peace Prize for 1964, he committed himself and the SCLC to the drive for voting rights in Selma.  King’s Selma campaign began on January 18, 1965.  Demonstrators peacefully integrated a restaurant, but the next day, 60 people were arrested as they tried to register and the New York Times ran a picture of Clark pushing a black woman with his billy club.  Selma’s black teachers then held a march to the courthouse on January 22.  This was significant because teachers were often afraid to support the movement out of fear that they would lose their jobs.  More marches followed, including one in which Clark jabbed a women with a night stick.  The woman then slugged Clark who beat her.  Pictures of Clark hitting the woman made the national newspapers.  After King was arrested after a march on February 1, and 800 school children were arrested following a march, President Johnson announced he would send a voting rights bill to Congress on February 6.  Meanwhile, violence in Selma grew.  Clark had a confrontation with a minister C.T. Vivian in which Vivian compared him to a Nazi and Clark slugged him.  On February 18, the city street lights were turned off in the middle of a night march and a white mob attacked the marchers.  Dozens, including an NBC reporter were beaten, and a twenty‑six year old black marcher, Jimmie Lee Johnson, was shot and killed by a state trooper.

 

Two days after Jackson’s death, the SCLC announced a fifty mile march from Selma to the state capital in Montgomery to protest the violence in Selma.  Governor Wallace announced that he would not permit the march because it would obstruct traffic on the highway.  Six hundred marchers began the march on March 7.  As they left Selma, they were met by mounted state troopers at the Edmund Pettus Bridge.  The troopers charged the marchers and attacked them with billy clubs and tear gas.  Television programs were interrupted to show the battle to the nation.  Dr. King, who had not participated in the march, announced that he would lead a second march two days later and sent out a nationwide appeal for supporters of the movement to come to Selma and participate.  Governor Wallace still opposed the march and a federal judge had issued an injunction forbidding a march until a hearing could be heard in regard to an SCLC motion to prevent Wallace from interfering.  Reluctant to spark violence while opposing the judge’s order, King halted the second march when the 1,500 marchers were again met by state troopers at the bridge.  SNCC leaders criticized King for turning around and King announced he would try again following the hearing.  While the civil rights leaders waited, one of the volunteers that had responded to King’s appeal for support was murdered in Selma.  James Reeb, a white Unitarian minister from Boston was returning from dinner with a group of ministers when he was attacked and beaten by a group of whites.

 

 

Federal Judge Frank Johnson finally gave approval for the march from Montgomery to Selma, and on Sunday March 21, two weeks after the initial march, 25,000 marchers, black and white, from all over the U.S., triumphantly followed King across the Edmund Pettus Bridge.  Governor Wallace had refused police protection, but President Johnson federalized the Alabama National Guard.  Five days later, King spoke on the steps of the state capitol in Montgomery.  Although a white housewife from Detroit, Viola Liuzzo, was shot in her car by Klansmen the night after the march, the successful march was seen by many as the ultimate victory of the movement.  Just ten years earlier a small number of Montgomery’s black citizens had given birth to the movement with their successful bus boycott.  Now the movement had drawn international support from people of all races.  Dr. King, who was not yet thirty when the movement began was now one of the most admired men in the world. 

 

The events in Selma led to the passage of the Voting Rights Act of 1965, which outlawed literacy tests and allowed federal examiners to register voters in areas that had a history of discrimination.[12]  Within two years, black voter registration went up nine-fold in the South, from 6.7% to 60% and the protection of black voting rights eventually changed America.  White public officials could no longer ignore blacks.  George Wallace publicly apologized for his racist actions in the 1960s and won a majority of the black vote when he ran for governor the last time in 1982.  In Selma, 9,000 blacks helped vote Jim Clark out of office in 1966 (He later spent two years in prison for marijuana smuggling).  Blacks began to serve in important public offices.  Former SCLC aide Andrew Young served as the U.S. representative to the UN and served as mayor of Atlanta, and blacks were elected mayors of many major American cities by the 1980s.  By 1994, Mississippi had 751 black elected officials, more than any other state.  

 

In retrospect, the events in Selma marked the end of the united civil rights movement.  With the two main goals of the movement achieved, civil rights groups disagreed over how to attack the more intractable economic inequalities between the races, and Dr. King’s assassination in April of 1968 deprived the movement of its most gifted leader.

 



[1] McCabe v. Atchison, Topeka & Santa Fe Railroad (1914) and Mitchell v. United States (1941).  The congressman in the latter case was U.S. Representative Arthur W. Mitchell from Chicago.  He served in Congress from 1935-1943.

[2] Seventeen states and the District of Columbia required segregation, and five more permitted local districts to segregate students on the basis of race.

[3] Missouri ex rel. Gaines v. Canada (1938).

[4] Sweatt v. Painter and Mc Laurin v. Oklahoma State Regents (1950).

[5] In 1967, Marshall became the first African-American Supreme Court justice.

[6] The fifth, Bolling v. Sharpe, was considered separately because it emanated from the District of Columbia.

[7] Parks was found guilty and fined $10.

[8] Juan Williams, Eyes on the Prize: America’s Civil Rights Years, 1954-1965 (New York: Viking, 1987), p. 135.

[9] Williams, p. 178.

[10] De la Beckwith was eventually brought to trial a third time in 1994 and found guilty of murder.  The case was the source of the popular film Ghosts of Mississippi (1996), starring Alec Baldwin, Whoopi Goldberg, and James Woods.  De la Beckwith died in 2001.

[11] Williams, p. 252.

[12] The act also ended the use of poll taxes in state elections (poll taxes in federal elections had been banned under the Twenty-Fourth Amendment passed in 1964)