58 years ago, lunch at Woolworth’s, with a side of civil rights: North Carolina, February 1, 1960

February 2, 2018

February 1 was the 58th anniversary of the Greensboro sit-in. Be sure to read Howell Raines‘ criticism of news media coverage of civil rights issues in a 2010 article in the New York Times: “What I am suggesting is that the one thing the South should have learned in the past 50 years is that if we are going to hell in a handbasket, we should at least be together in a basket of common purpose.”

This is mostly an encore post; please holler quickly if you find a link that does not work.

Four young men turned a page of history on February 1, 1960, at a lunch counter in a Woolworth’s store in Greensboro, North Carolina.

Ezell A. Blair, Jr. (now Jibreel Khazan), Franklin E. McCain, Joseph A. McNeil, and David L. Richmond, sat down at the counter to order lunch. Because they were African Americans, they were refused service. Patiently, they stayed in their seats, awaiting justice.

On July 25, nearly six months later, Woolworth’s agreed to desegregate the lunch counter. One more victory for non-violent protest.

Ezell A. Blair, Jr. (now Jibreel Khazan), Franklin E. McCain, Joseph A. McNeil, and David L. Richmond leave the Woolworth store after the first sit-in on February 1, 1960. (Courtesy of Greensboro News and Record)

Caption from Smithsonian Museum of American History: Ezell A. Blair, Jr. (now Jibreel Khazan), Franklin E. McCain, Joseph A. McNeil, and David L. Richmond leave the Woolworth store after the first sit-in on February 1, 1960. (Courtesy of Greensboro News and Record)

News of the “sit-in” demonstration spread. Others joined in the non-violent protests from time to time, 28 students the second day, 300 the third day, and some days up to 1,000. The protests spread geographically, too, to 15 cities in 9 states.

On the second day of the Greensboro sit-in, Joseph A. McNeil and Franklin E. McCain are joined by William Smith and Clarence Henderson at the Woolworth lunch counter in Greensboro, North Carolina. (Courtesy of Greensboro News and Record)

Smithsonian caption: “On the second day of the Greensboro sit-in, Joseph A. McNeil and Franklin E. McCain are joined by William Smith and Clarence Henderson at the Woolworth lunch counter in Greensboro, North Carolina. (Courtesy of Greensboro News and Record)”

Part of the old lunch counter was salvaged, and today is on display at the Smithsonian Institution’s Museum of American History. The museum display was the site of celebratory parties during the week of the inauguration as president of Barack Obama.

Part of the lunchcounter from the Woolworths store in Greensboro, North Carolina, is now displayed at the Smithsonians Museum of American History, in Washington, D.C.

Part of the lunch counter from the Woolworth’s store in Greensboro, North Carolina, now displayed at the Smithsonian’s Museum of American History, in Washington, D.C.- photo from Ted Eytan, who wrote: [“Ever eaten at a lunch counter in a store?”] The words . . . were said by one of the staff at the newly re-opened National Museum of American History this morning to a young visitor. What she did, very effectively, for the visitor and myself (lunch counters in stores are even before my time) was relate yesterday’s inequalities to those of today, by explaining the importance of the lunch counter in the era before fast food. This is the Greensboro, North Carolina lunch counter, and it was donated to the Smithsonian by Woolworth’s in 1993.

Notes and resources:

Student video, American History Rules, We Were There – First person story related by Georgie N. and Greg H., with pictures:

Associated Press interview with Franklin E. McCain:

More:

It was a long fight.

This is an encore post.

Yes, this is an encore post. Defeating ignorance takes patience and perseverance.

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Georgia’s vote ratified the 13th Amendment, December 6, 1865

December 6, 2016

13th Amendment to the U.S. Constitution. National Archives image.

13th Amendment to the U.S. Constitution. National Archives image.

On December 6, 1865, Georgia’s legislature voted to ratify the 13th Amendment to the Constitution, pushing the total of states past the three-fourths margin required, 27 of 36 states. Secretary of State William Seward proclaimed the amendment ratified 12 days later, on December 18.

But we celebrate it in February.

February 1 is National Freedom Day in the U.S.

Text courtesy of the Legal Information Institute at Cornell University, 36 U.S. Code § 124 reads:

The President may issue each year a proclamation designating February 1 as National Freedom Day to commemorate the signing by Abraham Lincoln on February 1, 1865, of the joint resolution adopted by the Senate and the House of Representatives that proposed the 13th amendment to the Constitution.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1259.)

The Library of Congress collects original documents teachers and students can use to study the 13th Amendment; here’s the full page, copied in case they change it:

Primary Documents in American History

13th Amendment to the U.S. Constitution

Thomas Nast's celebration of the emancipation of Southern slaves with the end of the Civil War.
Thomas Nast.
Emancipation.
Philadelphia: S. Bott, 1865.
Wood engraving.
Prints and Photographs Division.
Reproduction Number:
LC-USZ62-2573

The 13th Amendment to the Constitution declared that “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.” Formally abolishing slavery in the United States, the 13th Amendment was passed by the Congress on January 31, 1865, and ratified by the states on December 6, 1865.

Library of Congress Web Site | External Web Sites | Selected Bibliography

Digital Collections

A Century of Lawmaking for a New Nation

This collection contains congressional publications from 1774 to 1875, including debates, bills, laws, and journals.

References to debate on the 13th Amendment (S.J. Res. 16) can be found in the Congressional Globe on the following dates:

  • March 31, 1864 – Debated in the Senate (S.J. Res. 16).
  • April 4, 1864 – Debated in the Senate.
  • April 5, 1864 – Debated in the Senate.
  • April 6, 1864 – Debated in the Senate.
  • April 7, 1864 – Debated in the Senate.
  • April 8, 1864 – The Senate passed the 13th Amendment (S.J. Res. 16) by a vote of 38 to 6.
  • June 14, 1864 – Debated in the House of Representatives.
  • June 15, 1864 – The House of Representatives initially defeated the 13th Amendment (S.J. Res. 16) by a vote of 93 in favor, 65 opposed, and 23 not voting, which is less than the two-thirds majority needed to pass a Constitutional Amendment.
  • December 6, 1864 – Abraham Lincoln’s Fourth Annual Message to Congress was printed in the Congressional Globe: “At the last session of Congress a proposed amendment of the Constitution, abolishing slavery throughout the United States, passed the Senate, but failed for lack of the requisite two-thirds vote in the House of Representatives. Although the present is the same Congress, and nearly the same members, and without questioning the wisdom or patriotism of those who stood in opposition, I venture to recommend the reconsideration and passage of the measure at the present session.
  • January 6, 1865 – Debated in the House of Representatives (S.J. Res. 16).
  • January 7, 1865 – Debated in the House of Representatives.
  • January 9, 1865 – Debated in the House of Representatives.
  • January 10, 1865 – Debated in the House of Representatives.
  • January 11, 1865 – Debated in the House of Representatives.
  • January 12, 1865 – Debated in the House of Representatives.
  • January 13, 1865 – Debated in the House of Representatives.
  • January 28, 1865 – Debated in the House of Representatives.
  • January 31, 1865 – The House of Representatives passed the 13th Amendment (S.J. Res. 16) by a vote of 119 to 56.
  • February 1, 1865 – President Abraham Lincoln signed a Joint Resolution submitting the proposed 13th Amendment to the states.
  • December 18, 1865 – Secretary of State William Seward issued a statement verifying the ratification of the 13th Amendment.

Abraham Lincoln Papers at the Library of Congress

The complete Abraham Lincoln Papers at the Library of Congress consists of approximately 20,000 documents. The collection is organized into three “General Correspondence” series which include incoming and outgoing correspondence and enclosures, drafts of speeches, and notes and printed material. Most of the 20,000 items are from the 1850s through Lincoln’s presidential years, 1860-65.

A selection of highlights from this collection includes:

Search the Abraham Lincoln Papers using the phrase “13th amendment” to locate additional documents on this topic.

The Alfred Whital Stern Collection of Lincolniana

This collection documents the life of Abraham Lincoln both through writings by and about Lincoln as well as a large body of publications concerning the issues of the times including slavery, the Civil War, Reconstruction, and related topics.

From Slavery to Freedom: The African-American Pamphlet Collection, 1822-1909

This collection presents 396 pamphlets from the Rare Book and Special Collections Division, published from 1822 through 1909, by African-American authors and others who wrote about slavery, African colonization, Emancipation, Reconstruction, and related topics.

Chronicling America: Historic American Newspapers

Chronicling America

This site allows you to search and view millions of historic American newspaper pages from 1836 to 1922. Search this collection to find newspaper articles about the 13th Amendment.

A selection of articles on the 13th Amendment includes:

Congress.gov

Constitution of the United States of America: Analysis and Interpretation

The Constitution of the United States of America: Analysis and Interpretation (popularly known as the Constitution Annotated) contains legal analysis and interpretation of the United States Constitution, based primarily on Supreme Court case law. This regularly updated resource is especially useful when researching the constitutional implications of a specific issue or topic. It includes a chapter on the 13th Amendment. (PDF, 201 KB)

Exhibitions

The African-American Mosaic

This exhibit marks the publication of The African-American Mosaic: A Library of Congress Resource Guide for the Study of Black History and Culture. This exhibit is a sampler of the kinds of materials and themes covered by this publication. Includes a section on the abolition movement and the end of slavery.

African American Odyssey: A Quest for Full Citizenship

This exhibition showcases the African American collections of the Library of Congress. Displays more than 240 items, including books, government documents, manuscripts, maps, musical scores, plays, films, and recordings. Includes a brochure from an exhibit at the Library of Congress to mark the 75th Anniversary of the 13th Amendment.

American Treasures of the Library of Congress: Abolition of Slavery

An online exhibit of the engrossed copy of the 13th Amendment as signed by Abraham Lincoln and members of Congress.

The Civil Rights Act of 1964: A Long Struggle for Freedom

This exhibition, which commemorates the fiftieth anniversary of the landmark Civil Rights Act of 1964, explores the events that shaped the civil rights movement, as well as the far-reaching impact the act had on a changing society.

The Teachers Page

American Memory Timeline: The Freedmen

The Emancipation Proclamation and Thirteenth Amendment freed all slaves in the United States. This page links to related primary source documents.

Link disclaimerExternal Web Sites

The Collected Works of Abraham Lincoln, Abraham Lincoln Association

Documents from Freedom: A Documentary History of Emancipation, 1861-1867, University of Maryland

End of Slavery: The Creation of the 13th Amendment, HarpWeek

“I Will Be Heard!” Abolitionism in America, Cornell University Library, Division of Rare and Manuscript Collections

Landmark Legislation: Thirteenth, Fourteenth, & Fifteenth Amendments, U.S. Senate

Mr. Lincoln and Freedom, The Lincoln Institute

Our Documents, 13th Amendment to the U.S. Constitution, National Archives and Records Administration

Proclamation of the Secretary of State Regarding the Ratification of the Thirteenth Amendment, National Archives and Records Administration

Proposed Thirteenth Amendment Regarding the Abolition of Slavery, National Archives and Records Administration

The Thirteenth Amendment, National Constitution Center

Selected Bibliography

Avins, Alfred, comp. The Reconstruction Amendments’ Debates: The Legislative History and Contemporary Debates in Congress on the 13th, 14th, and 15th Amendments. Richmond: Virginia Commission on Constitutional Government, 1967. [Catalog Record]

Hoemann, George H. What God Hath Wrought: The Embodiment of Freedom in the Thirteenth Amendment. New York: Garland Pub., 1987. [Catalog Record]

Holzer, Harold, and Sara Vaughn Gabbard, eds. Lincoln and Freedom: Slavery, Emancipation, and the Thirteenth Amendment. Carbondale: Southern Illinois University Press, 2007. [Catalog Record]

Maltz, Earl M. Civil Rights, the Constitution, and Congress, 1863-1869. Lawrence, Kan.: University Press of Kansas, 1990. [Catalog Record]

Richards, Leonard L. Who Freed the Slaves?: The Fight Over the Thirteenth Amendment. Chicago: The University of Chicago Press, 2015. [Catalog Record]

Tsesis, Alexander, ed. The Promises of Liberty: The History and Contemporary Relevance of the Thirteenth Amendment. New York: Columbia University Press, 2010. [Catalog Record]

—–. The Thirteenth Amendment and American Freedom: A Legal History. New York: New York University Press, 2004. [Catalog Record]

Vorenberg, Michael. Final Freedom: The Civil War, the Abolition of Slavery, and the Thirteenth Amendment. Cambridge; New York: Cambridge University Press, 2001. [Catalog Record]

Younger Readers

Biscontini, Tracey and Rebecca Sparling, eds. Amendment XIII: Abolishing Slavery. Detroit: Greenhaven Press, 2009. [Catalog Record]

Burgan, Michael. The Reconstruction Amendments. Minneapolis: Compass Point Books, 2006. [Catalog Record]

Schleichert, Elizabeth. The Thirteenth Amendment: Ending Slavery. Springfield, N.J.: Enslow Publishers, 1998. [Catalog Record]

Save

Yes, this is mostly an encore post. Fighting ignorance requires patience.

Yes, this is mostly an encore post. Fighting ignorance requires patience.


You’d think more Americans would want to celebrate National Freedom Day

February 1, 2016

13th Amendment to the U.S. Constitution. National Archives image.

13th Amendment to the U.S. Constitution. National Archives image.

Any parades planned in your town? Are your neighbors flying flags to celebrate today, February 1?

If not, do you know why that would matter to anyone?

February 1 is National Freedom Day in the U.S.

Text courtesy of the Legal Information Institute at Cornell University, 36 U.S. Code § 124 reads:

The President may issue each year a proclamation designating February 1 as National Freedom Day to commemorate the signing by Abraham Lincoln on February 1, 1865, of the joint resolution adopted by the Senate and the House of Representatives that proposed the 13th amendment to the Constitution.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1259.)

Did anyone notice, this year?

You’d think Iowa would have made it a holiday for Republicans and caucus members.

The Library of Congress collects original documents teachers and students can use to study the 13th Amendment; here’s the full page, copied in case they change it:

Primary Documents in American History

13th Amendment to the U.S. Constitution

Thomas Nast's celebration of the emancipation of Southern slaves with the end of the Civil War.
Thomas Nast.
Emancipation.
Philadelphia: S. Bott, 1865.
Wood engraving.
Prints and Photographs Division.
Reproduction Number:
LC-USZ62-2573

The 13th Amendment to the Constitution declared that “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.” Formally abolishing slavery in the United States, the 13th Amendment was passed by the Congress on January 31, 1865, and ratified by the states on December 6, 1865.

Library of Congress Web Site | External Web Sites | Selected Bibliography

Digital Collections

A Century of Lawmaking for a New Nation

This collection contains congressional publications from 1774 to 1875, including debates, bills, laws, and journals.

References to debate on the 13th Amendment (S.J. Res. 16) can be found in the Congressional Globe on the following dates:

  • March 31, 1864 – Debated in the Senate (S.J. Res. 16).
  • April 4, 1864 – Debated in the Senate.
  • April 5, 1864 – Debated in the Senate.
  • April 6, 1864 – Debated in the Senate.
  • April 7, 1864 – Debated in the Senate.
  • April 8, 1864 – The Senate passed the 13th Amendment (S.J. Res. 16) by a vote of 38 to 6.
  • June 14, 1864 – Debated in the House of Representatives.
  • June 15, 1864 – The House of Representatives initially defeated the 13th Amendment (S.J. Res. 16) by a vote of 93 in favor, 65 opposed, and 23 not voting, which is less than the two-thirds majority needed to pass a Constitutional Amendment.
  • December 6, 1864 – Abraham Lincoln’s Fourth Annual Message to Congress was printed in the Congressional Globe: “At the last session of Congress a proposed amendment of the Constitution, abolishing slavery throughout the United States, passed the Senate, but failed for lack of the requisite two-thirds vote in the House of Representatives. Although the present is the same Congress, and nearly the same members, and without questioning the wisdom or patriotism of those who stood in opposition, I venture to recommend the reconsideration and passage of the measure at the present session.
  • January 6, 1865 – Debated in the House of Representatives (S.J. Res. 16).
  • January 7, 1865 – Debated in the House of Representatives.
  • January 9, 1865 – Debated in the House of Representatives.
  • January 10, 1865 – Debated in the House of Representatives.
  • January 11, 1865 – Debated in the House of Representatives.
  • January 12, 1865 – Debated in the House of Representatives.
  • January 13, 1865 – Debated in the House of Representatives.
  • January 28, 1865 – Debated in the House of Representatives.
  • January 31, 1865 – The House of Representatives passed the 13th Amendment (S.J. Res. 16) by a vote of 119 to 56.
  • February 1, 1865 – President Abraham Lincoln signed a Joint Resolution submitting the proposed 13th Amendment to the states.
  • December 18, 1865 – Secretary of State William Seward issued a statement verifying the ratification of the 13th Amendment.

Abraham Lincoln Papers at the Library of Congress

The complete Abraham Lincoln Papers at the Library of Congress consists of approximately 20,000 documents. The collection is organized into three “General Correspondence” series which include incoming and outgoing correspondence and enclosures, drafts of speeches, and notes and printed material. Most of the 20,000 items are from the 1850s through Lincoln’s presidential years, 1860-65.

A selection of highlights from this collection includes:

Search the Abraham Lincoln Papers using the phrase “13th amendment” to locate additional documents on this topic.

The Alfred Whital Stern Collection of Lincolniana

This collection documents the life of Abraham Lincoln both through writings by and about Lincoln as well as a large body of publications concerning the issues of the times including slavery, the Civil War, Reconstruction, and related topics.

From Slavery to Freedom: The African-American Pamphlet Collection, 1822-1909

This collection presents 396 pamphlets from the Rare Book and Special Collections Division, published from 1822 through 1909, by African-American authors and others who wrote about slavery, African colonization, Emancipation, Reconstruction, and related topics.

Chronicling America: Historic American Newspapers

Chronicling America

This site allows you to search and view millions of historic American newspaper pages from 1836 to 1922. Search this collection to find newspaper articles about the 13th Amendment.

A selection of articles on the 13th Amendment includes:

Congress.gov

Constitution of the United States of America: Analysis and Interpretation

The Constitution of the United States of America: Analysis and Interpretation (popularly known as the Constitution Annotated) contains legal analysis and interpretation of the United States Constitution, based primarily on Supreme Court case law. This regularly updated resource is especially useful when researching the constitutional implications of a specific issue or topic. It includes a chapter on the 13th Amendment. (PDF, 201 KB)

Exhibitions

The African-American Mosaic

This exhibit marks the publication of The African-American Mosaic: A Library of Congress Resource Guide for the Study of Black History and Culture. This exhibit is a sampler of the kinds of materials and themes covered by this publication. Includes a section on the abolition movement and the end of slavery.

African American Odyssey: A Quest for Full Citizenship

This exhibition showcases the African American collections of the Library of Congress. Displays more than 240 items, including books, government documents, manuscripts, maps, musical scores, plays, films, and recordings. Includes a brochure from an exhibit at the Library of Congress to mark the 75th Anniversary of the 13th Amendment.

American Treasures of the Library of Congress: Abolition of Slavery

An online exhibit of the engrossed copy of the 13th Amendment as signed by Abraham Lincoln and members of Congress.

The Civil Rights Act of 1964: A Long Struggle for Freedom

This exhibition, which commemorates the fiftieth anniversary of the landmark Civil Rights Act of 1964, explores the events that shaped the civil rights movement, as well as the far-reaching impact the act had on a changing society.

The Teachers Page

American Memory Timeline: The Freedmen

The Emancipation Proclamation and Thirteenth Amendment freed all slaves in the United States. This page links to related primary source documents.

Link disclaimerExternal Web Sites

The Collected Works of Abraham Lincoln, Abraham Lincoln Association

Documents from Freedom: A Documentary History of Emancipation, 1861-1867, University of Maryland

End of Slavery: The Creation of the 13th Amendment, HarpWeek

“I Will Be Heard!” Abolitionism in America, Cornell University Library, Division of Rare and Manuscript Collections

Landmark Legislation: Thirteenth, Fourteenth, & Fifteenth Amendments, U.S. Senate

Mr. Lincoln and Freedom, The Lincoln Institute

Our Documents, 13th Amendment to the U.S. Constitution, National Archives and Records Administration

Proclamation of the Secretary of State Regarding the Ratification of the Thirteenth Amendment, National Archives and Records Administration

Proposed Thirteenth Amendment Regarding the Abolition of Slavery, National Archives and Records Administration

The Thirteenth Amendment, National Constitution Center

Selected Bibliography

Avins, Alfred, comp. The Reconstruction Amendments’ Debates: The Legislative History and Contemporary Debates in Congress on the 13th, 14th, and 15th Amendments. Richmond: Virginia Commission on Constitutional Government, 1967. [Catalog Record]

Hoemann, George H. What God Hath Wrought: The Embodiment of Freedom in the Thirteenth Amendment. New York: Garland Pub., 1987. [Catalog Record]

Holzer, Harold, and Sara Vaughn Gabbard, eds. Lincoln and Freedom: Slavery, Emancipation, and the Thirteenth Amendment. Carbondale: Southern Illinois University Press, 2007. [Catalog Record]

Maltz, Earl M. Civil Rights, the Constitution, and Congress, 1863-1869. Lawrence, Kan.: University Press of Kansas, 1990. [Catalog Record]

Richards, Leonard L. Who Freed the Slaves?: The Fight Over the Thirteenth Amendment. Chicago: The University of Chicago Press, 2015. [Catalog Record]

Tsesis, Alexander, ed. The Promises of Liberty: The History and Contemporary Relevance of the Thirteenth Amendment. New York: Columbia University Press, 2010. [Catalog Record]

—–. The Thirteenth Amendment and American Freedom: A Legal History. New York: New York University Press, 2004. [Catalog Record]

Vorenberg, Michael. Final Freedom: The Civil War, the Abolition of Slavery, and the Thirteenth Amendment. Cambridge; New York: Cambridge University Press, 2001. [Catalog Record]

Younger Readers

Biscontini, Tracey and Rebecca Sparling, eds. Amendment XIII: Abolishing Slavery. Detroit: Greenhaven Press, 2009. [Catalog Record]

Burgan, Michael. The Reconstruction Amendments. Minneapolis: Compass Point Books, 2006. [Catalog Record]

Schleichert, Elizabeth. The Thirteenth Amendment: Ending Slavery. Springfield, N.J.: Enslow Publishers, 1998. [Catalog Record]


October 5, 1964: Heart of Atlanta Motel asked Supreme Court for right to discriminate

October 5, 2015

PG posted this photo in one of his collections at Chamblee54:

Heart of Atlanta Motel, 1956 - Special Collections and Archives,Georgia State University Library

Heart of Atlanta Motel, 1956 – Special Collections and Archives,Georgia State University Library

I wondered whether this is the motel in the case testing the 1964 Civil Rights Act — and sure enough, it is.  The case was decided, finally, by the U.S. Supreme Court in 1964, Heart of Atlanta Motel, Inc., v. United States, 379 U.S. 241 (1964) .

This important case represented an immediate challenge to the Civil Rights Act of 1964, the landmark piece of civil rights legislation which represented the first comprehensive act by Congress on civil rights and race relations since the Civil Rights Act of 1875. For much of the 100 years preceding 1964, race relations in the United States had been dominated by segregation, a system of racial separation which, while in name providing for “separate but equal” treatment of both white and black Americans, in truth perpetuated inferior accommodation, services, and treatment for black Americans.

During the mid-20th century, partly as a result of cases such as Powell v. Alabama, 287 U.S. 45 (1932); Smith v. Allwright, 321 U.S. 649 (1944); Shelley v. Kraemer, 334 U.S. 1 (1948); Sweatt v. Painter, 339 U.S. 629 (1950); McLaurin v. Oklahoma State Regents, 339 U.S. 637 (1950); NAACP v. Alabama, 357 U.S. 449 (1958); Boynton v. Virginia, 364 U.S. 454 (1960) and probably the most famous, Brown v. Board of Education of Topeka, 347 U.S. 483 (1954), the tide against segregation began to turn. However, segregation remained in full effect into the 1960s in parts of the southern United States, where the Heart of Atlanta Motel was located, despite these decisions.

The Atlanta Time Machine, a great collection of photos in the history of Atlanta and Georgia, has more photos, and this description of the site:

The Heart of Atlanta motel, located at 255 Courtland Street NE, was owned by Atlanta attorney Moreton Rolleston Jr.  Rolleston, a committed segregationist, refused to rent rooms at his hotel to black customers.  Upon passage of the Civil Rights Act of 1964, Rolleston immediately filed suit in federal court to assert that the law was the result of an overly broad interpretation of the U.S. Constitution’s commerce clause.  Rolleston represented himself in the case, HEART OF ATLANTA MOTEL, INC. v. UNITED STATES ET AL., which  went all the way to the United States Supreme Court.  Rolleston lost when the Supreme Court ruled that Congress was well within its powers to regulate interstate commerce in such a manner.  The Hilton Hotel now stands on the former site of the Heart of Atlanta Motel.

Texts in law school rarely have illustrations.  I know the motel mostly as a citation on pages of text, great grey oceans of somnambulent text.  This case is important in civil rights, though it is mentioned almost never in history texts.  What are these cases really about?  These photos offer us insight.

The Heart of Atlanta Motel aspired to greatness in the late 1950s and 1960s — evidenced by this publicity flyer photo from the Atlanta Time Machine; notice the flag flying for the motel’s Seahorse Lounge (Atlanta is landlocked):

Heart of Atlanta Motel publicity photo - Atlanta Time Machine

Heart of Atlanta Motel publicity photo – Atlanta Time Machine; not just a podunk “motor lodge,” but a “resort motel.”  Click for larger image.

For the 1960s, this place offered great amenities, including two swimming pools and in-room breakfast service.

Flyer for the Heart of Atlanta Motel, circa 1960 - Atlanta Time Machine image

Flyer for the Heart of Atlanta Motel, circa 1960 – Atlanta Time Machine image

This photo is amusing — I can just imagine the difficulties of launching a motor boat of this size in one of the swimming pools, obviously for a publicity stunt.  The photo is dated February 27, 1960, in the Pullen Library Collection.

Boat in the pool at the Heart of Atlanta Motel, 1960 - Atlanta Time Machine image

Boat in the pool at the Heart of Atlanta Motel, 1960 – Atlanta Time Machine image

To compare how times have changed, you may want to look at this aerial photo of the area, including the Heart of Atlanta Hotel, and compare it with modern photos which show the Hilton Hotel that replaced the property.

Rolleston appears to have had a big ego.  As noted above, he represented himself in this case, and he argued it in the Supreme Court.  Here’s a picture from about that time, from the University of Missouri-Kansas City Law School “Famous Trials” site:

Moreton Rolleston, Jr., owner of the Heart of Atlanta Motel and the attorney who argued the case at the Supreme Court - UMKC Law School image

Moreton Rolleston, Jr., owner of the Heart of Atlanta Motel and the attorney who argued the case at the Supreme Court – UMKC Law School image; photo: Wayne Wilson/Leviton-Atlanta

You may decide for yourself whether this fits the old legal aphorism that a lawyer who represents himself in a case has a fool for a client.  The Oyez site at the University of Chicago provides access to the audio of the oral arguments.  Did Rolleston argue ably?  Rolleston argued against Archibald Cox, who went on to fame in the Watergate scandals.  This appears to have been Rolleston’s only appearance before the Supreme Court; it was Cox’s ninth appearance (he argued 20 cases before the Court in his career, several well known and notable ones).

Heart of Atlanta vs. United States was argued on October 5, 1964The opinion was issued on December 14, 1964, a 9-0 decision against Rolleston and segregation authored by Justice Tom C. Clark (one of Dallas’s earliest Eagle Scouts).

This was a fight Mr. Rolleston picked.  He was not cited nor indicted for violation of the Civil Rights Act, but instead asked for an injunction to prevent the law’s enforcement; according to the published decision,

Appellant, the owner of a large motel in Atlanta, Georgia, which restricts its clientele to white persons, three-fourths of whom are transient interstate travelers, sued for declaratory relief and to enjoin enforcement of the Civil Rights Act of 1964, contending that the prohibition of racial discrimination in places of public accommodation affecting commerce exceeded Congress’ powers under the Commerce Clause and violated other parts of the Constitution. A three-judge District Court upheld the constitutionality of Title II, §§ 201(a), (b)(1) and (c)(1), the provisions attacked, and, on appellees’ counterclaim, permanently enjoined appellant from refusing to accommodate Negro guests for racial reasons.

Oyez summarizes the case question:

Facts of the Case 

Title II of the Civil Rights Act of 1964 forbade racial discrimination by places of public accommodation if their operations affected commerce. The Heart of Atlanta Motel in Atlanta, Georgia, refused to accept Black Americans and was charged with violating Title II.

Question 

Did Congress, in passing Title II of the 1964 Civil Rights Act, exceed its Commerce Clause powers by depriving motels, such as the Heart of Atlanta, of the right to choose their own customers?

The decision turned on the commerce clause, and the reach of Congressional power to regulate interstate commerce.

Decision: 9 votes for U.S., 0 vote(s) against
Legal provision: Civil Rights Act of 1964, Title II

The Court held that the Commerce Clause allowed Congress to regulate local incidents of commerce, and that the Civil Right Act of 1964 passed constitutional muster. The Court noted that the applicability of Title II was “carefully limited to enterprises having a direct and substantial relation to the interstate flow of goods and people. . .” The Court thus concluded that places of public accommodation had no “right” to select guests as they saw fit, free from governmental regulation.

Good decision. As my law professors described it, Americans enjoy the right to travel, a penumbral right of the Constitution. Inherent in that right is the right to rest in a hotel or motel at the end of the day, especially along a federally-funded highway, part of the U.S. Highway system or National Defense Interstate Highway System.

Heart of Atlanta Motel is gone.  The site is occupied by the Hilton Atlanta, today.

Interstate travel, and sleeping in hotels, continues.

Yes, this is mostly an encore post. Fighting ignorance requires patience.

Yes, this is mostly an encore post. Fighting ignorance requires patience.


September 25, 1789: Bill of Rights sent to American people for approval

September 25, 2015

From the Atlanta Coin Show: A commemorative gold-clad silver half-dollar provides an image of Madison writing the Bill of Rights with his quill pen with a view of Montpelier in the background.

From the Atlanta Coin Show: A commemorative gold-clad silver half-dollar provides an image of Madison writing the Bill of Rights with his quill pen with a view of Montpelier in the background. “LIBERTY,” “JAMES MADISON,” “FATHER OF THE BILL OF RIGHTS” and “IN GOD WE TRUST” along with “1993” are shown on the half dollar’s obverse.

September 25, 1789, Congress had approved and enrolled the proposals, and sent twelve proposed amendments to the Constitution to the states for ratification.  Ten of the twelve amendments were approved, rather quickly, and by 1791 the were attached to the Constitution, known as the Bill of Rights.

The two proposals that failed to earn the required approval of three-fourths of the 13 states fell into a special limbo for Constitutional amendments that became clear only in the late 1970s when Congress discussed how long to wait for states to approve the Equal Rights Amendment (this is a much-simplified explanation, I know).  Congress put deadlines on the ratification process in the late 20th century, but the first twelve proposals had no deadlines.  In the 1980s, Congress passed a law that said any amendments floating around, unapproved, would be considered dead after a date certain.  Senate Judiciary Committee investigation found six such amendments, yet unratified.

Before that deadline passed, more states took a look at one of James Madison’s 1789 proposals, liked it, and passed it.

That amendment became the 27th Amendment to the Constitution, on May 7, 1992, 203 years after it was proposed:

No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.

This means James Madison, the Father of the Constitution, also proposed the first ten Amendments to the Constitution, ratified by 1791; and he also proposed the 27th Amendment, the last at the moment.

Patience is a virtue in legislative action, sometimes.

Yes, this is mostly an encore post. Fighting ignorance requires patience.

Yes, this is mostly an encore post. Fighting ignorance requires patience.


Lunch at Woolworth’s, with a side of civil rights: North Carolina, February 1, 1960

January 31, 2015

Today is the 55th anniversary of the Greensboro sit-in. Be sure to read Howell Raines‘ criticism of news media coverage of civil rights issues in a 2010 article in the New York Times: “What I am suggesting is that the one thing the South should have learned in the past 50 years is that if we are going to hell in a handbasket, we should at least be together in a basket of common purpose.”

This is mostly an encore post; please holler quickly if you find a link that does not work.

Four young men turned a page of history on February 1, 1960, at a lunch counter in a Woolworth’s store in Greensboro, North Carolina.

Ezell A. Blair, Jr. (now Jibreel Khazan), Franklin E. McCain, Joseph A. McNeil, and David L. Richmond, sat down at the counter to order lunch. Because they were African Americans, they were refused service. Patiently, they stayed in their seats, awaiting justice.

On July 25, nearly six months later, Woolworth’s agreed to desegregate the lunch counter. One more victory for non-violent protest.

Ezell A. Blair, Jr. (now Jibreel Khazan), Franklin E. McCain, Joseph A. McNeil, and David L. Richmond leave the Woolworth store after the first sit-in on February 1, 1960. (Courtesy of Greensboro News and Record)

Caption from Smithsonian Museum of American History: Ezell A. Blair, Jr. (now Jibreel Khazan), Franklin E. McCain, Joseph A. McNeil, and David L. Richmond leave the Woolworth store after the first sit-in on February 1, 1960. (Courtesy of Greensboro News and Record)

News of the “sit-in” demonstration spread. Others joined in the non-violent protests from time to time, 28 students the second day, 300 the third day, and some days up to 1,000. The protests spread geographically, too, to 15 cities in 9 states.

On the second day of the Greensboro sit-in, Joseph A. McNeil and Franklin E. McCain are joined by William Smith and Clarence Henderson at the Woolworth lunch counter in Greensboro, North Carolina. (Courtesy of Greensboro News and Record)

Smithsonian caption: “On the second day of the Greensboro sit-in, Joseph A. McNeil and Franklin E. McCain are joined by William Smith and Clarence Henderson at the Woolworth lunch counter in Greensboro, North Carolina. (Courtesy of Greensboro News and Record)”

Part of the old lunch counter was salvaged, and today is on display at the Smithsonian Institution’s Museum of American History. The museum display was the site of celebratory parties during the week of the inauguration as president of Barack Obama.

Part of the lunchcounter from the Woolworths store in Greensboro, North Carolina, is now displayed at the Smithsonians Museum of American History, in Washington, D.C.

Part of the lunch counter from the Woolworth’s store in Greensboro, North Carolina, now displayed at the Smithsonian’s Museum of American History, in Washington, D.C.- photo from Ted Eytan, who wrote: [“Ever eaten at a lunch counter in a store?”] The words . . . were said by one of the staff at the newly re-opened National Museum of American History this morning to a young visitor. What she did, very effectively, for the visitor and myself (lunch counters in stores are even before my time) was relate yesterday’s inequalities to those of today, by explaining the importance of the lunch counter in the era before fast food. This is the Greensboro, North Carolina lunch counter, and it was donated to the Smithsonian by Woolworth’s in 1993.

Notes and resources:

Student video, American History Rules, We Were There – First person story related by Georgie N. and Greg H., with pictures:

Associated Press interview with Franklin E. McCain:

More:

It was a long fight.


227 years ago today, in this room

September 17, 2014

Independence Hall, Philadelphia; room where the Constitution was created and signed; Dept of Interior photo

Caption from Department of Interior’s Tumblr site: 225 years ago today, the Constitution of the United States was signed in Independence Hall. Today, you can tour the Hall and see where the Declaration of Independence and Constitution were both signed, and you can also view the Liberty Bell [close by]. This is a site not to miss while visiting Philadelphia.
Photo: National Park Service

Does this room look a little familiar?  You’ve probably seen Howard Chandler Christy’s painting of the event we celebrate today.

Howard Chandler Christy’s “Signing of the Constitution,” 1940

Howard Chandler Christy’s “Signing of the Constitution,” 1940; Architect of the Capitol image. This massive, 20′ x 30′ painting hangs in the House Wing of the U.S. Capitol, in the east stairway — a location where, alas, most people cannot get to without a guide anymore.

Click to the Architect of the Capitol’s site for the story of the painting, intended by Congress to fill a gap in the story of America told by art in the Rotunda and throughout the halls of the building.

Dr. Gordon Lloyd, Pepperdine University, creator of the interactive

Dr. Gordon Lloyd, Pepperdine University’s School of Public Policy, and expert in the Constitution and its history.  I met Lloyd almost a decade ago, in programs for history teachers, sponsored by the Bill of Rights Institute, Liberty Fund, and National Endowment for the Humanities.

My old friend Dr. Gordon Lloyd of Pepperdine University, working with the Ashbrook Center for Public Affairs, created a study tool from the Christy painting which should be used a lot more in classrooms.  Click over to the Edsitement site, and see for yourself.

Every year there are a few more tools on the internet to study the Constitution with, for teachers to use in the classroom on Constitution Day and every day.  I wonder what will be the effects in another decade.

How important is it that students learn the Constitution, what it says, and how it affects our daily lives?  How important is it that students learn the history of the creation of the Constitution, and does that history reverberate for those students as they venture out into their roles as citizens in the republic created by the document?

More:

This is an encore post.

This is an edited encore post.


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