Tag Archives: featured

100 years after the Tulsa Race Massacre, lessons from my grandfather

by Gregory B. Fairchild, University of Virginia

When Viola Fletcher, 107, appeared before Congress in May 2021, she called for the nation to officially acknowledge the Tulsa race riot of 1921.

I know that place and year well. As is the case with Fletcher – who is one of the last living survivors of the massacre, which took place when she was 7 – the terror of the Tulsa race riot is something that has been with me for almost as long as I can remember. My grandfather, Robert Fairchild, told the story nearly a quarter-century ago to several newspapers.

Here’s how The Washington Post recounted his story in 1996:

“At 92 years old, Robert Fairchild is losing his hearing, but he can still make out the distant shouts of angry white men firing guns late into the night 75 years ago. His eyes are not what they used to be, but he has no trouble seeing the dense, gray smoke swallowing his neighbors’ houses as he walked home from a graduation rehearsal, a frightened boy of 17.

His has since been a life of middle-class comfort, a good job working for the city, a warm family life. But he has never forgotten his mother’s anguish in 1921 as she fled toward the railroad tracks to escape the mobs and fires tearing through the vibrant Black neighborhood of Greenwood in north Tulsa.”

“There was just nothing left,” Fairchild told the newspaper.

Smoke rises from damaged properties after the Tulsa race massacre in Tulsa, Oklahoma in June 1921.
Oklahoma Historical Society via Getty Images


The Washington Post article said the Tulsa race riots of 1921 were among the “worst race riots in the nation’s history.” It reported: “The death toll during the 12-hour rampage is still in dispute, but estimates have put it as high as 250. More than 1,000 businesses and homes were burned to the ground, scores of Black families were herded into cattle pens at the fairgrounds, and one of the largest and most prosperous Black communities in the United States was turned to ashes.”

During the Tulsa race riots in 1921, Black businesses and homes in the Greenwood District in Tulsa, Oklahoma, were destroyed at the hands of white residents. Bettmann Archive/Getty Images

Riots began after a white mob attempted to lynch a teenager falsely accused of assaulting a white woman. Black residents came to his defense, some armed. The groups traded shots, and mob violence followed. My family eventually returned to a decimated street. Miraculously their home on Latimer Avenue was spared.

Disturbing history

Hearing about these experiences at the family table was troubling enough. Reading a newspaper account of your ancestors’ fleeing for their lives is a surreal pain. There’s recognition of your family’s terror, and relief in knowing your family survived what “60 Minutes” once called “one of the worst race massacres in American history.”

In spite of my grandfather’s witness, this same event didn’t merit inclusion in any of my assigned history texts, either in high school or college. On the occasions I’ve mentioned this history to my colleagues, they’ve been astonished.

In 1996, at the 75th anniversary of the massacre, the city of Tulsa finally acknowledged what had happened. Community leaders from different backgrounds publicly recognized the devastation wrought by the riots. They gathered in a church that had been torched in the riot and since rebuilt. My grandfather told The New York Times then that he was “extremely pleased that Tulsa has taken this occasion seriously.”

“A mistake has been made,” he told the paper, “and this is a way to really look at it, then look toward the future and try to make sure it never happens again.”

An African American couple walking across a street in Tulsa, Oklahoma, June 1921.
Oklahoma Historical Society/Getty Images

That it took so long for the city to acknowledge what took place shows how selective society can be when it comes to which historical events it chooses to remember – and which ones to overlook. The history that society colludes to avoid publicly is necessarily remembered privately.

Economically vibrant

Even with massive destruction, the area of North Tulsa, known as Greenwood, became known for its economic vitality. On the blocks surrounding the corner of Archer Street and Greenwood Avenue in the 1930s, a thriving business district flourished with retail shops, entertainment venues and high-end services. One of these businesses was the Oklahoma Eagle, a Black-owned newspaper. As a teenager in the early 1940s, my father had his first job delivering the paper.

Without knowing the history, it would be a surprise to the casual observer that years earlier everything in this neighborhood had been razed to the ground. The Black Wall Street Memorial, a black marble monolith, sits outside the Greenwood Cultural Center. The memorial is dedicated to the entrepreneurs and pioneers who made Greenwood Avenue what it was both before and after it was destroyed in the 1921 riot.

Although I grew up on military bases across the world, I would visit Greenwood many times over the years. As I grew into my teenage years in the 1970s, I recognized that the former vibrant community was beginning to decline. Some of this was due to the destructive effects of urban renewal and displacement. As with many other Black communities across the country, parts of Greenwood were razed to make way for highways.

Some of the decline was due to the exit of financial institutions, including banks. This contributed to a decrease in opportunities to build wealth, including savings and investment products, loans for homes and businesses, and funding to help build health clinics and affordable housing.

And at least some was due to the diminished loyalty of residents to Black-owned businesses and institutions. During the civil rights movement, downtown Tulsa businesses began to allow Black people into their doors as customers. As a result, Black residents spent less money in their community.

Historical lessons

At the end of my father’s military career in the 1970s, he became a community development banker in Virginia. His work involved bringing together institutions – investors, financial institutions, philanthropists, local governments – to develop innovative development solutions for areas like Greenwood. For me, there are lessons in the experiences of three generations – my grandfather’s, father’s and mine – that influence my scholarly work today.

On the one hand, I study how years after the end of legal segregation Americans remain racially separate in our neighborhoods, schools and workplaces and at alarmingly high levels. My research has shown how segregation depresses economic and social outcomes. In short, segregation creates closed markets that stunt economic activity, especially in the Black community.

On the other hand, I focus on solutions. One avenue of work involves examining the business models of Community Development Financial Institutions, or CDFIs, and Minority Depository Institutions, or MDIs. These are financial institutions that are committed to economic development – banks, credit unions, loan funds, equity funds – that operate in low- and moderate-income neighborhoods. They offer what was sorely needed in North Tulsa, and many other neighborhoods across the nation – locally attuned financial institutions that understand the unique challenges families and businesses face in minority communities.

Righting historical wrongs

There are interventions we can take, locally and nationally, that recognize centuries of financial and social constraint. Initiatives like the 2020 decision by the Small Business Administration and U.S. Treasury to allocate US$10 billion to lenders that focus funds on disadvantaged areas are a start. These types of programs are needed even when there aren’t full-scale economic and social crises are taking place, like the COVID-19 epidemic or protesters in the street. Years of institutional barriers and racial wealth gaps cannot be redressed unless there’s a recognition that capital matters.

The 1921 Tulsa race riot began on May 31, only weeks before the annual celebration of Juneteenth, which is observed on June 19. As communities across the country begin recognizing Juneteenth and leading corporations move to celebrate it, it’s important to remember the story behind Juneteenth – slaves weren’t informed that they were emancipated.

After the celebrations, there’s hard work ahead. From my grandfather’s memory of the riot’s devastation to my own work addressing low-income communities’ economic challenges, I have come to see that change requires harnessing economic, governmental and nonprofit solutions that recognize and speak openly about the significant residential, educational and workplace racial segregation that still exists in the United States today.


Republished with permission under license from The Conversation.

Closures of Black K-12 schools across the nation threaten neighborhood stability

by Jerome Morris, University of Missouri-St. Louis

Residents of the St. Louis neighborhood known as The Ville have been fighting for years to stop the closing of Charles H. Sumner High School, the oldest historically Black high school west of the Mississippi River.

Sumner High School has been under repeated threats of closure from the school board and the superintendent, who cite declining enrollment. The most recent such threat arose in December 2020.

Established in 1875, Sumner High is named after a former U.S. senator who vehemently opposed slavery. The school’s alumni represent a who’s who of Black people, including rock stars Tina Turner and Chuck Berry, comedian and civil rights activist Dick Gregory and tennis legend Arthur Ashe.

A June 2021 protest to keep Dunbar Elementary School in St. Louis from becoming a virtual-only school. Tenille Rose Martin, CC BY-NC-ND

Throughout Black people’s history in the U.S., predominantly Black K-12 schools have served as pillars in Black communities. Their importance is second only in significance to the Black church. Neighborhood schools help stabilize communities and foster a sense of belonging for children, serving as a foundation for academic achievement.

This is why many parents, community members, activists and even researchers like me who have studied contemporary Black K-12 schools find the shuttering of predominantly Black schools – despite the rich history and success of some of these schools – to be disconcerting.

High school class photo from 1931
Graduating class of Sumner High School in January 1931. Missouri Historical Society

Epidemic of closings

Sumner High has been spared for the time being.

But other historically Black schools, such as Paul Laurence Dunbar Elementary in St. Louis, have not been so lucky. Dunbar Elementary, named after the famous Black poet and writer, will no longer physically enroll students. District leaders said they want to convert Dunbar to a virtual school beginning in August 2021. This led parents, community members and activists to protest the superintendent and school board’s decision, asserting that the physical closing of the school removes a key pillar in the historic Black Jeff-Vander-Lou neighborhood.

Two urban schools that I have researched, both renowned for educating low-income Black students, were also recently shuttered. Gentrification and the emergence of charter schools contributed to an enrollment decline at Whitefoord Elementary in Atlanta, leading it to close its doors in 2017 after serving the community for 93 years. Farragut Elementary in St. Louis – also located in The Ville – closed in May 2021. The rationale once more: declining enrollment.

As recently as the early 2000s, Black students attending Whitefoord and Farragut outperformed Black students at other schools in their respective cities, including those at magnet and charter schools, on standardized tests.

These school closings are part of an epidemic of Black public school closures in U.S. cities across the country, including in Atlanta, St. Louis, New Orleans, Baltimore and Chicago.

According to the National Center for Education Statistics, 1,310 schools closed in 2017-18, affecting 267,000 students.

Black and poor students are disproportionately affected by these closures. For example, Black students comprise 31% of the students in urban public schools but represent 61% of students in those that closed.

Human costs

Sumner High School stands just 10 miles from the streets of Ferguson, Missouri, where protesters marched throughout the summer of 2014 to demand justice for the police killing of Michael Brown.

Protest flyer with photos of St. Louis public school buildings
Flyer for a rally in St. Louis to protest the closing of neighborhood schools in Black communities.

Amid national rallying cries and hashtags that “Black Lives Matter,” I believe greater attention needs to be given to efforts aimed at stopping the closing of Black K-12 public schools. Just as the Black Lives Matter movement demands a stop to the unjust killing of Black people, residents of predominantly Black communities throughout the U.S. are also fighting to stop the killing of their communities through school closures.

Superintendents and school boards often present their cases for closing schools using race-neutral language and statistics about low performance, dwindling enrollments and high operating costs. Rarely factored into the equation are the historical and social circumstances and policies – racism, persistent underfunding of Black education, redlining, disinvestment in Black neighborhoods and desegregation – that gave rise to those statistics.

Moreover, missing from these analyses are the human costs related to closing schools in already struggling neighborhoods. When policymakers remove schools from vulnerable communities, they remove some of the few stabilizing institutions. These buildings often sit vacant for years and become eyesores and objects of vandalism.

Racial reckoning

I raise these concerns within this time of racial reckoning that purports to value Black institutions. A rush of philanthropic and governmental dollars as a result of protests for Black lives has recently targeted Black businesses, civil rights and social justice organizations, as well as historically Black colleges and universities, or HBCUs.

HBCUs have rightfully received additional resources for their work educating generations of Black students. But I believe that to serve Black children, proponents of Black education must extend this support to include Black K-12 public schools. I see three main reasons for this.

First, of the 7.7 million Black children who attend public elementary or high schools today, 3.3 million go to schools that are 50% or more Black. Almost 2 million Black students attend schools that are at least 75% Black. Conversely, roughly 200,000 Black students attended the nation’s HBCUs in 2018.

I find it disingenuous for governmental agencies and philanthropies to provide economic support to Black students at the university level but not at the K-12 level, which comprises the most critical phases of their educational and social development.

Second, the circumstances for Black students who abruptly leave closed schools do not get better. Students from closed schools often experience a decline in math test scores, rarely transfer to better-performing schools and suffer social and academic disruption.

And finally, saving Black K-12 public schools is linked to broader efforts to support Black communities, families and children. In supporting Black schools, policymakers can help re-anchor struggling Black communities. This holistic focus entails supporting families with education and job-training programs, stimulating local Black-owned businesses and supporting neighborhood organizations that serve kids and families.

Next steps

How can this be done? As with the recent passage of stimulus bills to stabilize the economy and families affected by COVID-19, governmental and philanthropic dollars must complement local dollars to counter funding gaps for schools that predominantly serve Black students and improve the infrastructure of those schools.

Providing financial support to end the massive closing of K-12 Black public schools – which are charged with educating millions of Black students on the racial and economic margins – would make an emphatic statement that Black lives truly matter.The Conversation


Republished with permission under license from The Conversation

Driver’s license suspensions for failure to pay fines inflict particular harm on Black drivers

By Sian Mughan, Arizona State University

Imagine being unable to pay a US$50 traffic ticket and, as a result, facing mounting fees so high that even after paying hundreds, maybe thousands, of dollars toward your debt you still owe money.

Imagine being fired from your job because you’ve been forced to use unreliable public transportation instead of your car.

And imagine going to jail several times because, even though your license is suspended, you had to drive to work.

These are some of the situations facing millions of Americans who were unable to pay fines – and whose lives were turned into a nightmare by overly punitive policies in response.

And these policies have an outsize, and damaging, impact on Black Americans, according to our research.

Black drivers are more likely to encounter police regardless of how they drive, research shows. Rich Legg/Getty Images

Cycles of debt

Most cities and states have policies that allow them to suspend a driver’s license for nonpayment of fines and fees, most commonly traffic fines.

These policies are so popular that judges have described them as “the most valuable tool available to the municipal courts for inducing payment on past due accounts.”

Studying the effects of these policies can be difficult because there is no uniform national reporting of crime statistics.

Anecdotal evidence suggests that failure to pay fines – not dangerous driving – is the most common reason for driver’s license suspensions in the United States.

And research indicates that these burdens are primarily borne by low-income people and people of color.

As a public affairs scholar who has written extensively about labor markets and criminal justice systems, I’ve conducted research with Joanna Carroll supports these conclusions.

But it also illuminates a previously unknown racial inequality of the policy.

Our research suggests that, by appearing on the driver’s record, license suspensions increase the probability that Black – but not white – drivers incur more traffic tickets. Even after the debt is paid and the license regained, these suspensions continue to harm drivers, and these harms exclusively affect Black drivers.

This shows that suspensions don’t just trap people in a cycle of mounting debt but also a cycle of negative interactions with the criminal justice system.

Long-term impact of suspensions

We studied a sample of over 2,000 drivers who received traffic tickets in Marion County, Indiana, home to Indianapolis, between 2011 and 2016.

In that county, if a driver fails to pay or contest a ticket within 72 days, their license is automatically suspended. This means that judges and other members of the justice system cannot choose who receives a suspension.

Every driver in our sample paid their ticket in the days surrounding the payment deadline.

This is an ideal environment to study the long-term impacts of suspensions because it creates two groups of people that are easily comparable: those who paid the ticket right before the deadline, thus avoiding a suspension, and those who paid after the deadline and received a suspension.

We found that Black drivers who received a failure-to-pay suspension increased their likelihood of getting another ticket by up to nine percentage points. White drivers, meanwhile, saw a roughly three percentage point decrease in their likelihood of getting another ticket.

We attempted to identify differences between white and Black drivers that might explain this result but were unable to do so. For example, Black drivers are not committing more offenses than white drivers, nor are the offenses they commit more serious. Black drivers are just as likely as white drivers to pay their tickets. And Black drivers are more likely than white drivers to reinstate their license after the suspension.

Moreover, regardless of race, following the suspension, drivers with larger fines are less likely to receive another ticket, suggesting that all drivers drive more cautiously after getting a suspension, likely to reduce the probability of receiving another ticket. This is consistent with previous studies on the effects of traffic policies, which show traffic enforcement leads to safer driving.

Ineffective strategies for Black drivers

We believe the most convincing explanation for our findings is that driving “better” to avoid being pulled over is an ineffective strategy for Black drivers, who are more likely to have an encounter with police regardless of how they drive.

This interpretation is consistent with studies showing Black people are more likely to be pulled over without cause. After pulling over a Black driver, the police officer discovers the prior failure-to-pay suspension and becomes more likely to issue a ticket.

This sequence of events does not occur when the driver is white because white drivers are able to minimize the chance of being pulled over by changing their driving behavior.

Our research is the first to study failure-to-pay suspensions in the United States, and it’s the first to demonstrate that they exert disproportionate harm on Black drivers.

This evidence could prove relevant to policymakers in states across the county who are currently debating discontinuing license suspension for nonpayment of legal debts.

Dr. Joanna Carroll co-authored this research while she was at Indiana University. She currently works at the Government Accountability Office.The Conversation


Republished with permission under license from The Conversation.

IRS hitting you with a fine or late fee? Don’t fret – a consumer tax advocate says you still have options

By Rita W. Green, University of Memphis

Tax Day has come and gone, and you think you filed your return in the nick of time. But several weeks later you receive that dreaded letter in the mail from the Internal Revenue Service informing you of missing the deadline and failing to pay your tax bill on time. Your assessed tax penalty, based on what you owe, is $450.

This type of scenario is quite common, since penalties are assessed for over 40 million taxpayers each year, according to the Taxpayer Advocacy Panel’s 2020 report. There are numerous IRS penalties, but the three most common ones are failure to file a return on time, failure to pay the estimated amount owed from the past year and failure to pay after filing.

For many taxpayers, it doesn’t end on Tax Day. Constantine Johnny/ Moment via Getty Images

What many people don’t know is that the IRS offers several ways to reduce late fees and other penalties. Yet only a fraction of those who are eligible take advantage of them.

As a professor of accounting and a consumer advocate, I tend to be concerned when I identify a benefit that has been underutilized. I also serve as a volunteer on the Taxpayer Advocacy Panel, an independent body that aims to help the IRS improve based on outreach and feedback from the general public.

We recently discussed the low utilization of a key penalty relief program, which prompted me to write this article.

Applying for penalty relief

The main form of relief the IRS offers to taxpayers is the first-time penalty abatement policy, which was introduced about two decades ago. It covers penalties related to a failure to file, a failure to pay or a failure to deposit the estimated taxes owed.

This program can lead to a reduction or even removal of a taxpayer’s penalty – though not the tax liability – if you meet certain conditions:

  • You didn’t previously have to file a return – because you earned too little money, for example – or you’ve had no penalties for the previous three years.

  • You filed all required returns or extensions.

  • You paid or arranged to pay any tax due.

It’s also available to taxpayers who live in areas affected by specific disasters for whom the tax deadline has been extended.

If you currently meet the first two requirements, you can still make arrangements to pay the tax you owe and then request the abatement.

In 2019, only 12% of the penalties for failure to file and failure to pay were abated.

The most common reason for the low number of abatements appears to be that many taxpayers who would otherwise qualify for relief aren’t aware this program even exists. Requesting relief is as simple as phoning the IRS and requesting it, or you may ask for it in writing.

Other resources available

In addition to penalty prevention and penalty relief, other resources are available to taxpayers who need help after Tax Day.

The taxpayer advocate service is an independent organization within the IRS, and its local taxpayer advocates provide free help to any taxpayer to provide guidance through the process of resolving tax problems. There’s at least one in every state.

The IRS also supports Low-Income Tax Clinics, which are staffed with attorneys and other professionals to help low-income filers with tax disputes that may require legal intervention. While it can be difficult to reverse penalties or challenge other IRS decisions, taxpayers with legal help stand a much better chance of succeeding with their claims.

An ounce of penalty prevention

Many people may be familiar with Benjamin Franklin’s assertion that “an ounce of prevention is worth a pound of cure.”

No one enjoys paying taxes, but additional penalties can make a bad situation even worse. The good news is most penalties can be avoided by filing taxes on time and paying any taxes due. If you are unable to pay all of the taxes due right away, you can always establish a payment plan.

So next year, remember there are many resources available to you to make it easier to file on time – free, in most cases – and to avoid penalties. And taxpayer advocates are available to answer any tricky questions.The Conversation


Republished with permission under license from The Conversation.

States pick judges very differently from US Supreme Court appointments

by Joshua Holzer, Westminster College

The future of the U.S. Supreme Court is politically fraught.

The court’s partisan balance has long been a hot-button issue, and both Democrats and Republicans can correctly claim that the other party bears at least some blame for the politicization of the federal judiciary.

Political pressure is focusing on the makeup of the U.S. Supreme Court. Stefani Reynolds/Getty Images

 

In 2016, appointments to the U.S. Supreme Court became even more overtly political when conservative Justice Antonin Scalia died and the U.S. Senate’s Republican majority refused to let President Barack Obama fill the vacancy.

This delay ultimately gave soon-to-be President Donald Trump the chance to seat conservative Neil Gorsuch as Scalia’s replacement. Four years later, though, Republicans rushed to fill the vacancy left by the death of liberal Justice Ruth Bader Ginsburg less than two months before a presidential election.

Now, with Democrats in control of the White House and – barely – the U.S. Senate, some within the party have been calling for President Joe Biden to add more justices to the U.S. Supreme Court in hopes of reversing Republican efforts to enshrine conservatism within the courts.

In response to those calling for reform, Biden has created the Presidential Commission on the Supreme Court of the United States, whose mission “is to provide an analysis of the principal arguments in the contemporary public debate for and against Supreme Court reform.”

This commission – which includes scholars, lawyers and political advisers – could look at top courts overseas for ideas about how to depoliticize the U.S. Supreme Court. But its members could also learn lessons from the states, many of which have already taken steps to insulate their judicial branches from partisan politics.

State court lessons for depoliticization

Following the model set by the U.S. Constitution, many state constitutions initially called for governors to appoint state judges for life with the advice and consent of the state’s Senate. Over time, many felt that this system empowered governors to award judgeships based upon party loyalty rather than judicial temperament and fair-mindedness.

In the mid-1800s, populism swept the country. This movement toward giving power to the public prompted several states to amend their state constitutions to allow for the popular election of judges.

This did not solve the problem of judicial politicization, as judges were often beholden to the political machines that helped them get elected. As such, the public began to perceive elected judges as both partisan and corrupt, and turned against the courts. For example, between 1918 to 1940 only two Missouri Supreme Court judges were reelected.

In 1940, Missouri became the first state to adopt what is now called the “Missouri Plan” for selecting judges, which involves two elements: “assisted appointments” and nonpartisan “retention elections.”

Typically, for assisted appointments, a nonpartisan commission reviews candidates for state judgeships, creating a list of potential nominees based on merit. The governor fills vacancies on the bench by choosing from this predetermined list. In such a system, the governor’s pick does not usually need to be confirmed by the state legislature because the pick has already been vetted by the nonpartisan commission.

For retention elections, judges face no opponent and are listed on the ballot without political party designation. Voters are simply asked whether an incumbent judge should remain in office, which provides an opportunity to oust judges who regularly make unpopular decisions. Retention elections are often held in states that use assisted appointments. However, in some states that still elect their judges using partisan elections, such as Illinois, nonpartisan retention elections are used when it’s time for reelection.

Today, more than 30 states use some form of assisted appointments. More than 20 states use some variation of retention elections. More than a dozen states use both in some capacity. Notably, both “red” states and “blue” states have adopted one or both of these reforms, as have many “purple” states.

Two men shake hands
President Barack Obama’s nomination of Merrick Garland to the U.S. Supreme Court sparked a partisan fight. AP Photo/Pablo Martinez Monsivais

Showing the way forward?

Advocates of Missouri’s nonpartisan court plan argue that the reforms have been a success. According to Sandra Day O'Connor, the first woman to serve on the U.S. Supreme Court, “the ‘Show-Me State’ … has shown the nation how we can do a better job of selecting our judges.”

If the federal government adopted assisted appointments, campaign tactics like Trump’s 2016 promise to appoint pro-life, conservative judges would be less relevant, because presidents would be limited in whom they could nominate for a court vacancy.

Additionally, if voters could remove U.S. Supreme Court justices whose opinions differ from that of the majority of Americans, politicians might not feel as pressured to block the appointment of a particular justice for partisan reasons, as the judge would serve on the bench for only as long as they retained public support.The Conversation


Republished with permission under license from The Conversation.

She Can’t Sue Her Doctor Over Her Baby’s Death. When She Spoke Out, She Was Silenced Again.

by Carol Marbin Miller and Daniel Chang, Miami Herald

ORLANDO, Florida — On the day Reggie Jacques was born, doctors at Winnie Palmer Hospital in Orlando told his parents that there was no hope, that his brain had gone too long without oxygen during his difficult birth. But Reggie refused to die.

On his sixth day, said parents Jean and Ruth Jacques, doctors urged them to remove Reggie from his ventilator. They said he would surely stop breathing. The couple agreed a month later. But Reggie wouldn’t die.

Around day 60, doctors asked the couple to sign a “do not resuscitate” order. They declined. And Reggie still refused to die.

For 95 days, Reginald Jacques refused to die.

But on the 96th day, Sept. 19, 2016, something felt wrong. Ruth Jacques surrendered to an irresistible impulse to hold her son after a day’s work for an Orange County social services agency. “I was driving the car like a madwoman,” Jacques said of her early evening trip to the hospital.

Jacques flew through red lights. Uncharacteristically, she left her car in a parking space for disabled drivers. She ran up three flights of stairs to the Neonatal Intensive Care Unit, where, she said, Reggie’s monitor was beeping, and he appeared to be in distress.

She picked up her infant son from his bassinet — all tubes and bandages and chirping monitors — and placed him gently on her chest. “With the little strength he had left, he lifted up his head and looked back at me,” she said.

“One minute later, his heart stopped. It was more like our heart stopped.”

Four years later, Ruth Jacques’ heart beats for two as she wages a campaign to demand answers from the doctor who delivered her son. She believes Florida’s state-sponsored Birth-Related Neurological Injury Compensation Association, or NICA, robbed her of the right to seek justice through the courts for the harm he suffered at birth and three months of agony as he fought for life.

Florida lawmakers created NICA in 1988, responding to obstetricians’ complaints that their malpractice insurance premiums were too high. The law bars parents like Jean and Ruth Jacques from pursuing lawsuits against doctors and hospitals when a baby is born with catastrophic, even fatal, brain damage from oxygen deprivation or asphyxia during childbirth.

Ruth and Jean Jacques filed a complaint with the Florida Department of Health about the doctor who delivered their son Reggie. They said they received a form letter back saying the doctor’s actions did not violate the profession’s “standard of care.” Credit:Photo courtesy of Jacques family

If the birth injury meets NICA criteria, even in cases where the doctor or hospital may have made a glaring error, parents typically have little choice but to forgo a lawsuit and accept the program’s compensation, which consists of a $100,000 settlement upfront, and “medically necessary” and “reasonable” health care for the duration of the child’s life.

If the child dies, there is an added $10,000 funeral benefit.

The Jacqueses hoped to sue their obstetrician and hospital for negligence, only to learn from their attorney of the law that created NICA. Stripped of that right, they settled for filing a malpractice complaint with the Health Department. They received a form letter saying their complaint had been dismissed because the doctor’s actions did not violate the profession’s “standard of care.” There was no further explanation. Ruth Jacques said neither she nor her husband was interviewed by investigators.

The Jacqueses cannot appeal the investigation’s outcome, or even read about it, beyond the form letter. In Florida, those records are sealed and available only to the doctor.

That wasn’t the state’s only betrayal, Ruth Jacques said.

The day after Reggie’s death, overcome by anger and despair, she did the only thing she could think of: She printed leaflets warning prospective patients to stay away from Dr. Ricardo Lopez, the obstetrician who delivered Reggie. She said she handed them out in front of his Orlando medical office — and distributed a few to patients in his waiting room.

“I felt like the world was shutting me up,” she said. “I wanted to be heard.”

Ruth Jacques said she was silenced again. She learned that Lopez was free to do what she could not: file a lawsuit. Her attorney told her if she persisted in protesting she might end up a defendant.

A lawyer for Orlando Health, which owns Winnie Palmer and employs Lopez, wrote to the Jacqueses’ lawyer in January 2017: “I respectfully demand that Ms. [Jacques] cease and desist from further attacks on Dr. Lopez and [the hospital] regarding this matter.” Then the couple’s lawyer wrote to Ruth Jacques.

“I understand your anger,” the lawyer explained in an email. But, she added, “Any kind of verbal attack or public complaint about Dr. Lopez or Orlando Health could lead them to sue you and your husband personally.”

Lopez, who did not sue, declined to respond to the Miami Herald’s requests for an interview, forwarding the inquiry to Orlando Health.

Alayna Curry, an Orlando Health spokeswoman, said the hospital would not discuss Reggie’s calamitous birth, even though his mother has.

“Our medical team respects the wishes of our patients when it comes to their delivery experience,” she said in a prepared statement. “When a medical emergency arises during a delivery, time is of the essence and our physicians will speak with the patient about the recommended course of action.”

“You Better Push”

There is sharp disagreement over precisely what was said and when inside the delivery room.

Ruth Jacques provided the Herald a copy of her medical records, which contain a notation from Lopez that, based on “severe” fetal heart recordings, “a C-section was offered.”

“The patient refused,” Lopez wrote.

A nurse also reported “Pt refused C-section” in a notation dated two days after Reggie was delivered.

Jacques said she did no such thing, and the records do not contain a signed form from the mother refusing a C-section. The form is considered an industry “best practice,” but not a requirement.

In a 2017 letter to the state Health Department, Ruth Jacques said she insisted that Lopez never told her Reggie’s life was in danger.

“You better push, or you’re going to have a C-section,” she said she was told by the doctor. “In my understanding, he is threatening me [with] a C-section if I don’t push, not that the situation … was an emergency.”

Ruth Jacques did continue pushing, according to her medical records. Lopez attempted to deliver Reggie using a vacuum device, which popped off the infant’s head three times before the fourth pull succeeded.

Dr. Nicole Smith, medical director of maternal fetal medicine practice at Brigham and Women’s Hospital, Harvard Medical School’s teaching hospital in Boston, said in general the responsibility lies with doctors to explain their rationale and the benefits and risks of continuing in labor or moving to a surgical delivery.

“Mothers maintain the right to decline a C-section,” Smith said in an email, “but it is the provider’s responsibility to ensure that they understand the risks and benefits to the extent possible in what is typically a highly stressful situation.”

Smith did not review Ruth Jacques’ case or comment on the delivery.

Ethical guidelines of the American College of Obstetricians and Gynecologists also place the onus on the obstetrician to provide the patient with “adequate, accurate and understandable information.”

The group advises, however, that even a signed form does not guarantee that the ethical obligations of informed consent have been met.

Reggie’s parents believe their son would have lived had Lopez initiated a timely C-section, potentially preventing Reggie’s brain from being starved of oxygen. But they will never really know.

Like many NICA families, the Jacqueses said they had no idea that they had lost their right to file suit.

Ruth Jacques said she signed forms acknowledging that her doctor and the hospital had informed her of NICA before Reggie’s birth. But she didn’t read them. She said her OB-GYN had her sign them on her first appointment. At the hospital, the forms were tucked inside a stack of documents handed to her when she showed up in labor, distracted by impending motherhood, too late to change her mind and seek out another hospital.

After they lost Reggie and learned that a lawsuit was foreclosed, the couple said their sorrow would turn to outrage when they discovered that Lopez had a history with NICA.

Aside from Reggie’s case, the doctor has been named in four NICA claims, including two petitions filed prior to Reggie’s death. Not every NICA claim is accepted for compensation. But one of the first two lodged against Lopez was.

Two other claims were submitted after Reggie died. Those two were rejected because the newborns weighed less than 5.5 pounds — the legal threshold to qualify for NICA, a requirement intended to eliminate very premature babies from eligibility. In the case of a rejected claim, the family can sue. But none of the rejected claims has been followed by a lawsuit.

Being named in a petition does not mean a doctor committed malpractice — even if the claim is compensated. It only means that the case meets the narrow criteria of the no-fault program.

Bonded by Sorrow

If NICA families are members of an unenviable fraternity, families whose child died are its saddest chapter.

A total of 1,238 NICA claims have been made from the inception of the program through the beginning of April. NICA said at least 440 of those were accepted for coverage, which includes at least 143 from parents whose child had died by the time the claim was accepted.

Another 50 children whose claims were accepted for compensation died after they entered the program, NICA said in an email. Among those 50, the average life span after acceptance was 8.2 years. The oldest lived 29 more years. The youngest survived one day after the claim was accepted.

For some parents, NICA cannot provide what they want most: accountability.

There are practical considerations, said David Studdert, a Stanford University professor and expert in health law who co-authored a study of NICA in 2000.

Some of those families who were accepted into NICA likely would have gotten nothing had they been allowed to pursue a lawsuit.

But there is catharsis in discovering what went wrong, who is responsible — even in just being heard — said Kenneth Feinberg, a lawyer who has designed and administered compensation funds in the wake of some of America’s worst tragedies: the Virginia Tech massacre, the Sandy Hook Elementary shooting, the rampage at Pulse nightclub, Sept. 11.

The fund established after the Sept. 11 attacks was entirely voluntary, and 97% of eligible claimants opted to take the money, Feinberg said, forfeiting the right to sue. The program had an unusual feature: Claimants could appear before Feinberg or a staff member behind closed doors to express their grief; 1,500 did.

“All kinds of people came to vent, angry, not at the federal government. Angry at God,” Feinberg said.

Feinberg said many described the program as an exercise in justice, but he saw it differently. “I don’t think those words have much meaning when you’ve lost a loved one,” he said. “The best word I use is mercy.”

Reggie Never Cried

 

Jean Jacques’ father died in March 2015, on the same day the couple returned from their Caribbean honeymoon cruise, leaving them despondent and Jean Jacques as the lone male heir. They decided they wanted to become parents right away. They were hoping for a boy, someone to carry forward Jean Jacques’ father’s last name and legacy.

They found a house suitable for raising kids. Ruth Jacques’ family threw a baby shower. They painted the walls of Reggie’s nursery teal and gray, bought a brown crib and attached stickers of giraffes, lions and zebras to the walls.

On the morning of June 14, 2016, Ruth Jacques went to see her obstetrician for a regularly scheduled appointment. She said there was no indication that Reggie was ready for delivery. She drove to work at the social services agency where she was a neighborhood coordinator.

But the next morning, she woke up with a fever and tremors, so she went to Orlando Health Winnie Palmer Hospital for Women & Babies. There, her water broke, and she went into labor. Lopez had not been her obstetrician previously but was there for childbirth.

To Ruth Jacques’ ears, Lopez was accusing her of failing to adequately push what she later learned was a 10-pound baby.

When Reggie finally was born, he was essentially lifeless. His first two Apgar scores — measures of his vitality, on a scale of one to 10 — were zero and zero. He required four doses of epinephrine to start his heart.

Jean Jacques and Reggie. Credit:Photo courtesy of Jacques family

“Normal babies, when they are born, they cry, they open their eyes,” said Jean Jacques, an Orange County Schools paraprofessional and full-time student at the University of Central Florida. Reggie did not cry.

He was placed on a ventilator — which doctors would recommend unplugging six days later, Ruth Jacques said. Bereft of answers, Ruth and Jean Jacques asked for a meeting.

It took place a week after Reggie’s birth, in a conference room near the intensive care unit, with a U-shaped wooden table. Ruth Jacques’ father, sisters, aunt and the family’s pastor joined the couple. She recalls a hospital lawyer standing against a wall opposite her and Lopez sitting at the head of the table, his arms folded across his chest. He didn’t look at her, she said. The doctor barely spoke.

What happened? she asked. Why was her baby on a ventilator with little to no hope of survival?

“He looked at me in the eye, and he said: ‘You did not want to have a C-section,’” Ruth Jacques said.

“And I said to him: ‘So, are you implying that I killed my baby?’”

Ruth Jacques said the doctor unfolded his arms and wrapped one under his cheek. He didn’t answer.

When the meeting adjourned, Ruth said, she met separately with a Winnie Palmer neurologist. “I was informed that my child would ‘never walk, talk or ever be able to do anything for himself. He would live in a vegetative state.’ ”

At first, the couple resisted removing life support. “We were praying that God would help,” she said.

But the strain became unbearable, the couple said. They said one doctor told them: “If you really believe in God, why would you do that to your child?” The family relented.

“That was the hardest decision for us to make,” Jean Jacques said.

Ruth and Jean Jacques and extended family members gathered round the newborn as a musician played soft and somber notes on a guitar. Someone recorded Reggie’s heartbeat on a disc and handed it to his father. A doctor shut off the ventilator, then pulled the breathing tube from Reggie’s mouth and throat, the parents said.

Reggie gulped for air. His mother covered her ears to muffle the sound of his gasping. Jean Jacques paced the floor. The couple fixated on Reggie’s heart monitor and the clock just above it. It seemed like hours, they said. And then, unexpectedly, Reggie began to breathe on his own.

His Finest Outfit

Reggie lived another two months. He never left the hospital.

He wore his finest dress-up clothes only once — the day his parents buried him.

He was laid to rest inside an impossibly small white coffin, dressed in a short-sleeved, buttoned-down shirt and a tie that was too big for his slender body. The tie and shirt were both white, the color of purity.

The couple buried Reggie far from their home, at Greenwood Cemetery. They didn’t want Ruth Jacques visiting her son daily. She needed time to heal.

But a year after her son’s death, Ruth Jacques took a job as a grants coordinator with Orange County’s government downtown, which is near Greenwood, a historic cemetery. Her son’s graveyard is visible from her office. The boy who lived 96 days was laid to rest near Orlandoans whose full lives gave them prominence, including a U.S. senator and two mayors.

Jean and Ruth Jacques preserved Reggie’s short life in pictures: His arms and legs stretched out like a wooden puppet from the contractures — a shortening and hardening of muscles and tendons — that brain damage wrought. An oxygen tube extended from his nostrils. In one photo, he appears to be looking directly at the camera, though the doctors had said he was incapable of such purpose.

Ruth Jacques found direction in her son’s death, vowing not to let the same thing happen to other parents.

She took to her keyboard, writing to state lawmakers. And to the Florida Justice Association, a group of lawyers who represent litigants like her. Her email to the trial lawyers recounted Reggie’s birth and death in detail. It covered seven pages and said Reggie “will always be a memory of a scar that will never truly heal.” There was no response, she said.

She wants Lopez to remember, as well. And so, she said, every year on Reggie’s birthday — and on the anniversary of his death — she files a new complaint with the Department of Health. It’s a symbolic act, but she wants to remind the doctor that Reggie lived, and that he died.

“He is going on with his life, while we the families are stuck on yesterday.”

Jean and Ruth Jacques, now 35 and 32, live in a modest home in Orlando. They’re raising the little brother Reggie never got to know, 3-year-old Raphael. Another child, Reynaud, was born on Jan. 15. The money she received from NICA will never replace the loss, Ruth Jacques said.

“That’s blood money,” she said. “It’s not going to bring him back.”

 

 

 

Every year on the anniversary of her son’s death, Ruth Jacques files a new complaint with the Florida Department of Health, she said. It is a symbolic gesture. The department has already dismissed the complaint. Credit:Photo courtesy of Jacques family

Republish with permission under license from ProPublica.

US museums hold the remains of thousands of Black people

by Delande Justinvil, American University and Chip Colwell, University of Colorado Denver

Among the human remains in Harvard University’s museum collections are those of 15 people who were probably enslaved African American people. Earlier this year, the school announced a new committee that will conduct a comprehensive survey of Harvard’s collections, develop new policies and propose ways to memorialize and repatriate the remains.

“We must begin to confront the reality of a past in which academic curiosity and opportunity overwhelmed humanity,” wrote Harvard President Lawrence S. Bacow.

Museums across the U.S., including at Harvard University, collected human remains, which were often displayed to the public. Smith Collection/Gado/Archive Photos via Getty Images

 

This dehumanizing history of collecting African American bodies as scientific specimens is not a problem just at Harvard. Last year, the University of Pennsylvania announced that its anthropology museum will address the legacy of the 1,300 human skulls – including those of 55 enslaved people from Cuba and the U.S. – in its collection, which was historically used to denigrate the intelligence and character of Black people and Native Americans.

Other institutions have far more Black skeletons in their closets. By one estimate, the Smithsonian Institution, Cleveland Museum of Natural History and Howard University hold the remains of some 2,000 African Americans among them. The total only increases when considering museums with remains from other populations across the African diaspora. How many more sets of remains lie in museum storerooms across the United States, and whether or not they were collected with consent, is unknown.

As archaeologists, we understand the impulse to gather human remains to tell our human story. Osteobiographies, life histories constructed from skeletal remains, can offer insights into nutritional, migratory, pathological and even political-economic conditions of past populations. However, scholars and activists across the U.S. are now seeking to recognize and redress the deep history of violence against Black bodies. Museums and society are finally confronting how the desires of science have at times eclipsed the demands of human rights.

How did the remains of so many Black people end up in collections, and what can be done about it?

Collecting Black bodies

The abuse and circulation of African American human remains for research dates back at least to 1763, with the dissection of corpses of the enslaved for the first anatomy lecture in the American Colonies.

chest up portrait of Samuel Morton
American physician and naturalist Samuel Morton (1799-1861) collected human remains for pseudoscientific study. Hulton Archive/Archive Photos via Getty Images

The systematic collection of African American remains, as well as those of people from other marginalized communities, began with the work of Samuel George Morton. Considered the founder of American physical anthropology, Morton professionalized the acquisition of human remains in the name of scientific practice and education.

Morton boasted the first collection of human remains, at one point considered to be the largest globally. He used its subjects-turned-specimens to promote racist hierarchies through pseudoscientific interpretations of cranial measurements. His research resulted in his 1839 magnum opus, “Crania Americana,” replete with hundreds of hand-drawn images of skulls and faulty-logic racial categorization.

His collection eventually ended up at the University of Pennsylvania. Only last year did the university officially announce the collection had been removed from a shelved display within an archaeology classroom.

The impact of Morton’s collection and career ricocheted far and wide, laying the foundation for unethical practices built on the theft, transportation and accumulation of human remains – especially of those most marginalized. Collecting surged during the time of the Civil War. From the late 19th century well into the 20th, skeletal collections in museums across the country skyrocketed.

Morton also influenced the ideology of biologist Louis Agassiz, his eventual collaborator. Agassiz founded Harvard’s Museum of Comparative Zoology, which originally bore his name. His own collection practices around the photographed bodies of the enslaved have embroiled the university in a public lawsuit.

Institutions long embraced such collections primarily for the pseudoscientific work of justifying racial hierarchies. But they also enhanced their prestige by the number of remains in their collections that could be used for research as well as for exhibitions that fed the public’s morbid curiosity.

Eventually, most collecting institutions shifted away from these original goals but held on to human remains for teaching skeletal biology and testing new scientific methods. A majority of museum collections, however, sit unused, retained in the belief that they may help answer questions at some point in the future.

woman holds historical photo of enslaved Black man
Shonrael Lanier holds a photo of her ancestor, Renty, an enslaved Black man. Her family has sued Harvard University for ownership of his image. Scientists’ photos of him and others were discovered in a museum basement in the 1970s. Jonathan Wiggs/The Boston Globe via Getty Images

Ultimately, the remains of African American people, freed or enslaved, are in these collections because the captivity of their bodies, both living and deceased, was the very foundation of museums of medicine, anthropology, archaeology, natural history and more. While some academic and cultural institutions have taken the initiative to confront their legacies with slavery – such as decolonization efforts to include more diverse perspectives and values – a national effort has yet to take shape.

Desecrated in life and death

The U.S. Senate passed the African American Burial Grounds Network Act in December 2020. This bill would establish a voluntary network to identify and protect often at-risk African American cemeteries. The program would be administered through the National Park Service, and nothing in the legislation would apply to private property without the consent of landowners. More than 50 prominent national, state and local organizations support the passage of the act into law and are working to have it reintroduced in Congress’ current session.

But even this legislation does not include the remains of Black people in museum collections. Such an addition would be more in line with the Native American Graves Protection and Repatriation Act, a 1990 federal law that addresses Native American human remains in all contexts – both in the ground and in collections. This work is necessary because many of the remains of Black people, like those of Native Americans, were taken without the consent of family, used in ways that contravened spiritual traditions, and treated with less respect than most others in society.

In the absence of such an addition, the work of finding all of the African American remains in museums will be unorganized and inconsistent. Institutions will need to make efforts on their own, which will cost more money and consume more resources. Even more importantly, the absence of a coordinated, national effort will mean the delay of justice for thousands of African American ancestors whose bodies have been, and continue to be, desecrated.


Republished with permission under license from The Conversation.

A white supremacist coup succeeded in 1898 North Carolina

led by lying politicians and racist newspapers that amplified their lies

 

by Kathy Roberts Forde, University of Massachusetts Amherst and Kristin Gustafson, University of Washington, Bothell

While experts debate whether the U.S. Capitol siege was an attempted coup, there is no debate that what happened in 1898 in Wilmington, North Carolina, was a coup – and its consequences were tragic.

These two events, separated by 122 years, share critical features. Each was organized and planned. Each was an effort to steal an election and disfranchise voters. Each was animated by white racist fears.

And each required the help of the media to be successful.

Armed white insurrectionists murdered Black men and burned Black businesses, including this newspaper office, during the Wilmington coup of 1898. Daily Record, North Carolina Archives and History

Those who study Reconstruction and its aftermath know the U.S. has deep experience with political and electoral violence. Reconstruction was the 12-year period following the Civil War when the South returned to the Union and newly freed Black Americans were incorporated into U.S. democracy.

But few understand that the Wilmington coup, when white supremacists overthrew the city’s legitimately elected bi-racial government, could not have happened without the involvement of white news media. The same is true of the Capitol siege on Jan. 6, 2021.

The news media, it turns out, have often been key actors in U.S. electoral violence. This history is explored in a chapter one of us – Gustafson – wrote for a book the other – Forde – co-edited with Sid Bedingfield, “Journalism & Jim Crow: The Making of White Supremacy in the New South,” which comes out later this year.

In 1898, Charles B. Aycock wanted to become governor in North Carolina. A member of the elite class, Aycock was a leading Democrat, which was the party of white supremacy in the South before the mid-20th-century political realignment that produced today’s parties.

A major obstacle lay in his path to the governor’s office. Several years earlier, Black Republicans and white Populists in North Carolina, tired of Democrats enriching themselves off public policies favoring banks, railroads and industry, joined forces.

Known as Fusionists, they rose to power in the executive branch, the legislature and the governments of several eastern towns, but most importantly, the thriving port city of Wilmington, then the largest city in North Carolina.

A racist political cartoon by Norman Jennett showing a boot worn by a Black man smashing a white man underneath.
A political cartoon from the Raleigh News & Observer, Aug. 13, 1898. North Carolina Collection, UNC Chapel Hill

Anti-Black disinformation

Wilmington, with its majority Black population and successful Black middle class, was a city that offered hope for Black Southerners. Black men had higher rates of literacy than white men, ran some of the city’s most successful businesses, such as restaurants, tailors, shoemakers, furniture makers and jewelers, and, to the dismay of Democrats, held public office.

Dr. Umar Johnson delivers seething commentary about negative propaganda and it's power against a target population.

Democrats, seething over their loss of power, were determined to get it back in the state election of 1898.

Aycock joined forces with Furnifold Simmons, a former U.S. representative who served as the party’s campaign manager, and Josephus Daniels, the editor Raleigh’s News & Observer newspaper. Together they hatched a plan.

Using anti-Black disinformation spread through newspapers and public speeches across the state, they would whip up white racial fears of “Negro domination” and “black beasts” that preyed on the “virtue” of white women. The goal: drive a wedge in the Fusionist coalition and lure white Populists back to the Democratic fold.

The press and political power

The News & Observer, the most influential newspaper in the state, was the Democratic Party’s most potent weapon. Its editor called it “the militant voice of white supremacy.”

For months in advance of the November election, the paper ran articles, editorials, speeches and reader letters telling lies about Black malfeasance, misrule, criminality and sexual predations against white women. White newspapers across the state, from big cities to tiny hamlets, republished the News & Observer’s content.

The Vampire that Hovers Over North Carolina, September 27, 1898

“The prevalence of rape by brutal negroes upon helpless white women has brought about a reign of terror in rural districts,” the paper said. Daniels admitted years later this claim was a lie.

Knowing the power of images, Daniels hired a cartoonist to create viciously racist images for the front page.

Roughly a year after Rebecca Latimer Felton, a prominent white Georgian, gave a speech advocating the lynching of Black men for their supposed assaults on white women, white newspapers across North Carolina reprinted and discussed it for days to gin up racist hostility.

At the same time, the Democrats organized the Red Shirts, a paramilitary arm of the party, to intimidate Black citizens and stop them from participating in politics and, eventually, voting.

Alexander Manly, the editor of the Black newspaper The Daily Record in Wilmington, then the only Black daily in the country, decided to fight back.

To counteract the lies the Democrats and Felton told about Black men as “beasts” and “brutes,” Manly told the truth in a bold editorial: Some white women fell in love with Black men and, if these affairs were discovered, the inevitable outcome was the label “rape” and a brutal lynching. The grandson of a white governor of North Carolina and a Black woman he enslaved, Manly knew white hypocrisy well.

Democrats went wild, reprinting Manly’s editorial in newspapers across the state and attacking him for insulting the “virtue” of white women.

A white fist holding a bat, about to strike a Black man in an 1898 political cartoon.
An anti-Black political cartoon by Norman Jennett in the Raleigh News & Observer, Aug. 30, 1898. North Carolina Collection, University of North Carolina at Chapel Hill

The coup

As the election approached and Red Shirts patrolled the state, Democrats laid their final plan.

Because there were few local elections in Wilmington in 1898, and Democrats viewed the city as the center of “Negro domination” in the state, they began organizing in early fall to overthrow Wilmington’s bi-racial government and install all white officials.

After stealing the state election through fraud and violence, the Democrats sent a massive group of Red Shirts into Wilmington.

They murdered an untold number of Black men in the street; burned Black businesses, including Manly’s newspaper office; terrorized the Black community, forcing at least 1,400 people to flee, many never to return; and removed and exiled all Fusionists from office, installing white Democrats in their stead.

Early in the new century, Aycock sat in the governor’s office. Black citizens were disfranchised by constitutional amendment, ushering in white supremacist, one-party, kleptocratic rule that lasted at least through the Voting Rights Act of 1965.

Then and now

Across the past four years, the overwhelmingly white right-wing news media spread lies that President Donald Trump and his allies churned out daily. Social media companies helped turn these lies into a contagion of mass delusion that radicalized a significant swath of the GOP base.

Since President-elect Joe Biden’s victory in November, Trump and his political and media allies have relentlessly pushed the massive lie that liberals stole the presidential election.

Like press involvement in the murderous events in Wilmington long ago, today’s media played an essential role in deluding and inciting supporters to violence in the attempt to steal an election.

“The past is never dead,” William Faulkner wrote. “It’s not even past.”The Conversation


This article is republished from The Conversation under a Creative Commons license. 

The Extraordinary Negro – Ignatius Sancho

Known during his lifetime as "the extraordinary Negro", Ignatius Sancho (c.1729–1780) was a British abolitionist, writer and composer. Sancho is the first known Black Briton to vote in a British election, and the first person of African descent known to be given an obituary in the British press.

As the memoir which begins this third edition of his Letters tells us, Sancho was "born A. D. 1729, onboard a ship in the Slave trade, a few days after it had quitted the coast of Guinea for the Spanish West-Indies".

Portrait of an African, attributed to Allan Ramsay, a painting some suggest depicts a young Ignatius Sancho. It was previously believed to have depicted the writer Olaudah Equiano.

After "a disease of the new climate put an early period to his mother's existence; and his father defeated by the miseries of slavery by an act of suicide", Ignatius, just two years old, was brought by his master to England, and given to the man's three unmarried sisters who lived together in Greenwich, where he remained their slave for eighteen years from 1731 to 1749. The sisters were far from kind, and "the petulance of their disposition" bestowed upon little Ignatius his surname, "from a fancied resemblance to the Squire of Don Quixote".

Unable to bear being a servant to them, Sancho would escape the grip of the sisters, when, by chance, he met the Duke of Montagu who took a liking to his "native frankness of manner". Sancho took to visiting the Duke and Duchess regularly, where he was encouraged to read, and was also lent books from the Duke's personal library. At the age of 20, shortly after the Duke's death, Sancho fled the household of the sisters to become the butler at the Duchess Montagu household, where he worked for the next two years until her death. Sancho left and started his own business as a shopkeeper, while also starting to write and publish various essays, plays and books.

Immersing himself in the world of literature and music (while also working as a valet for the Duke and Duchess' daughter and husband, and then later as a greengrocer), Sancho became well known in the literary and artistic circles of the day, becoming acquainted with the likes of Thomas Gainsborough (who painted his portrait), the actor David Garrick, and the novelist Laurence Sterne. It was his correspondence with the latter which helped secure him a reputation as a man of letters, and a symbol of the abolitionist movement. At the height of the debate about slavery, in 1766, Sancho wrote to Sterne encouraging the writer to lend his fame to help lobby for the abolition of the slave trade. "That subject, handled in your striking manner," wrote Sancho, "would ease the yoke (perhaps) of many – but if only one – Gracious God! – what a feast to a benevolent heart!". Sterne's reply became an integral part of 18th-century abolitionist literature.

There is a strange coincidence, Sancho, in the little events (as well as in the great ones) of this world: for I had been writing a tender tale of the sorrows of a friendless poor negro-girl, and my eyes had scarce done smarting with it, when your letter of recommendation in behalf of so many of her brethren and sisters, came to me—but why her brethren?—or your’s, Sancho! any more than mine? It is by the finest tints, and most insensible gradations, that nature descends from the fairest face about St. James’s,1 to the sootiest complexion in Africa: at which tint of these, is it, that the ties of blood are to cease? and how many shades must we descend lower still in the scale, ’ere mercy is to vanish with them?—but ’tis no uncommon thing, my good Sancho, for one half of the world to use the other half of it like brutes, & then endeavor to make ’em so."

In another letter, writing his friend's son who had expressed racist attitudes after a visit to India, Sancho wrote:

I am sorry to observe that the practice of your country (which as a resident I love – and for its freedom – and for the many blessings I enjoy in it – shall ever have my warmest wishes, prayers and blessings); I say it is with reluctance, that I must observe your country's conduct has been uniformly wicked in the East – West-Indies – and even on the coast of Guinea. The grand object of English navigators – indeed of all Christian navigators – is money – money – money – for which I do not pretend to blame them – Commerce was meant by the goodness of the Deity to diffuse the various goods of the earth into every part—to unite mankind in the blessed chains of brotherly love – society – and mutual dependence: the enlightened Christian should diffuse the riches of the Gospel of peace – with the commodities of his respective land – Commerce attended with strict honesty – and with Religion for its companion – would be a blessing to every shore it touched at. In Africa, the poor wretched natives blessed with the most fertile and luxuriant soil- are rendered so much the more miserable for what Providence meant as a blessing: the Christians' abominable traffic for slaves and the horrid cruelty and treachery of the petty Kings encouraged by their Christian customers who carry them strong liquors to enflame their national madness – and powder – and bad fire-arms – to furnish them with the hellish means of killing and kidnapping.

In 1758 Sancho married Anne Osborne, a West Indian woman with whom he had seven children. After Sancho left the Montagu household, the couple opened a grocery store in Westminster, where Sancho, by then a well-known cultural figure, maintained an active social and literary life until his death in 1780. As a financially independent male householder, Sancho became eligible to vote and did so in 1774 and again just before his death in 1780, becoming the first known Black Briton to have voted in Britain.

Gaining fame in Britain as "the extraordinary Negro", to British abolitionists, Sancho became a symbol of the humanity of Africans and the immorality of the slave trade and slavery. Sancho died in 1780, with his The Letters of the Late Ignatius Sancho, an African, edited and published two years after his death, being one of the earliest accounts of African slavery written in English from a first-hand experience.

Letters of the Late Ignatius Sancho, an African (1784)

Sancho, Ignatius. 1784. Letters of the late Ignatius Sancho, an African. To which are prefixed, memoirs of his life. London: Printed by J. Nichols; and sold by C. Dilly.
In addition to his many letters — the publication of which was an immediate bestseller — Sancho also published a book for the Princess Royal about his great passion, music, and two plays.

The forgotten voices of race records

Ma Rainey, Pullman Porters, the Rev TT Rose, and the 'Man with a Clarinet'

Court.rchp.com Editiorial note by Randall Hill:

I was for the most part unfamiliar with Ma Rainey, until I watched Ma Rainey's Black Bottom on Netflix.  Ma Rainey's Black Bottom is a film based on the play of the same name by August Wilson. The focus is on Ma Rainey, an influential blues singer, and dramatizes a turbulent recording session in 1927 Chicago.

Gertrude "MaRainey (born Gertrude Pridgett, 1882 or 1886 – December 22, 1939) was one of the first generation of blues singers to record. Gertrude Pridgett began performing as a teenager and became known as "Ma" Rainey after her marriage to Will "Pa" Rainey in 1904.

The "Mother of the Blues", she bridged earlier vaudeville and the authentic expression of southern blues, influencing a generation of blues singers. Throughout the 1920s, Ma Rainey had a reputation for being one of the most dynamic performers in the United States due in large part to her songwriting, showmanship and voice. Between 1923 and 1928, Ma Rainey made more then 100 recordings. Bessie Smith toured with Ma Rainey early in Smith's career and was mentored by Rainey. Rainey never achieve the monumental acclaim of Bessie Smith, whom became the highest-paid black entertainer of her day, however, Rainey and Smith became friendly rivals.

Rainey was inducted into the Blues Hall of Fame in 1983 and the Rock and Roll Hall of Fame in 1990. In 1994, the U.S. Post Office issued a 29-cent commemorative postage stamp honoring her. In 2004, Rainey was inducted into the Grammy Hall of Fame and was added into the Library of Congress National Recording Register. Three years later, Rainey's former home in Columbus was turned into a museum. The Columbus native’s legacy continues to be celebrated in her hometown, which hosted the first-annual Ma Rainey International Blues Festival in 2016. 

Thankfully, the stories of Ma Rainey and other musicians piviotal to our history are being told and embraced by multiple generations of new fans.


by Jerry Zolten, Penn State

In the 1920s and 1930s, record sales of black artists were very lucrative for the music industry. As a June 1926 article from Talking Machine World explained:

The Negro trade is…itself…an enormously profitable occupation for the retailer who knows his way about…. The segregation of the Negro population has enabled dealers to build up a trade catering to this race exclusively.

Yet record companies routinely took advantage of the more unschooled, vernacular performers – especially black ones, who were already denied access to broader markets. It was standard operating procedure back in the days of “race music” – the name given to recordings by black artists that were marketed to the black buying public.

Ma Rainey was one of Paramount Records’ most popular artists. JP Jazz Archive/Redferns

 

“Some will rob you with a six-gun…and some with a fountain pen.” So said Woody Guthrie in his song “Pretty Boy Floyd.”

Bottom line: if record companies could get away with it, there was no bottom line. No negotiated contract to sign. No publishing. No royalties. Wham bam thank you man. Take a low-ball flat fee and hit the road. Anonymity was also implicit in the deal, so many black artists were forgotten, their only legacy the era’s brittle shellac disks that were able to withstand the wear of time.

‘Some will rob you with a six-gun…and some with a fountain pen’ – record companies like Paramount routinely exploited black musicians in the 1920s. Wikimedia Commons

One of the most prominent early race labels was Paramount Records, which, between 1917 and 1932, recorded a breathtaking cross-section of seminal African-American artists.

In 2013 I learned that Jack White of Third Man Records (in partnership with Dean Blackwood’s Revenant Records) would be putting together a compilation of Paramount’s historic recordings. The project would be a grand collaboration of two deluxe volumes that would contain a stunning 1,600 tracks.

I was part of a team of researchers and writers tasked with unearthing new information about the featured artists and their songs. For me, it was an opportunity to put a face on some of Paramount’s more enigmatic artists. Listening to track after track, a zeitgeist began to coalesce. As voices from the grooves accrued to tell a story of a collective black experience, I came to see these performances as cumulative cultural memory – each track a brushstroke in a painting of a long-forgotten landscape.

Here’s a taste of what I found.

Pullman Porters Quartette

The Pullman Company, manufacturers of railroad passenger cars, was magnanimous towards its African-American workforce. Among other benefits, they provided in-house musical instruction, which included a cappella quartet singing lessons.

The Pullman Company employed a large number of African Americans as porters. Flickr/antefixus U.E., CC BY-NC-ND

The Pullman quartets, I learned, were a franchise: multiple configurations of singers performing concurrently under the company banner. They put on concerts, either performing live on the radio, or on long haul train routes as a form of passenger entertainment. The men who made the records were billed as the “President’s Own” – the working Pullman porters considered the company’s premier lineup.

In the late 1920s, The Pullman Porters Quartette of Chicago recorded a number of sides for Paramount. One tune was “Jog-a-Long Boys,” where they sang of sad roosters and being turned down by widow Brown, the “fattest gal in town.” The chorus went:

Jog-a-long, boys, jog-a-long, boys,

Be careful when you smile,

Do the latest style,

But jog-a-long, jog-a-long boys.

Jog-a-long, boys, jog-a-long, boys,

Don’t fool with google eyes,

That would not be wise,

But jog-a-long, jog-a-long boys.

At first, it seemed as if it were no more than a silly ditty performed in upbeat counterpoint harmony. Then it hit me: they were making light of a horrific reality – specifically, that a black man who dared to smile or even look askance at a white woman was putting himself in grave danger.

Look your best, but don’t forget your place…and just jog along, boys.

‘Jog-a-long Boys,’ by The Pullman Porters Quartet of Chicago.

Horace George

Horace George of Horace George’s Jubilee Harmonizers was a showman and an opportunist, a versatile musician who performed in whatever style sold, whether it was novelty gospel, blues, comedy or jazz.

His gospel group cut one record for Paramount in 1924, but he first surfaced as early as 1906, advertised in the Indianapolis Freeman as “the great clarinetist, comedian, and vocalist.” A few years later, George found himself in Seattle as the “Famous Colored Comedian…who gives correct images,” and later as the “Man with the Clarinet” in a touring black vaudeville troupe, the Great Dixieland Spectacle Company.

In the late 1910s, a black newspaper – the Indianapolis Freeman – called Horace George “a novelty on any bill.” The novelty? He could play three clarinets at once!

Rev TT Rose

Beyond the rollicking piano-driven gospel sides he cut for Paramount in the late 1920s, nothing was known of Rev T T Rose. Rose’s “Goodbye Babylon” was the title track of Dust-to-Digital’s 2004 Grammy-nominated collection, Goodbye, Babylon. It was also inspiration for a rock ‘n’ roll tune by the Black Keys. And Rose’s recording of “If I Had My Way, I’d Tear This Building Down” – later performed by artists ranging from Rev. Gary Davis to the Grateful Dead – is one of the earliest known recorded versions of that song.

Rev Rose’s personal story was the most heartening of all. He lived in Springfield, Illinois, and I located his 90-plus-year-old daughter Dorothy, who described her father as a man on a mission to end racism and institutionalized segregation.

As a child, Rose had witnessed the aftermath of the infamous 1908 Springfield Race Riots, an event that precipitated the formation of the NAACP. In the late 1920s Rose moved from Chicago to Springfield, in order to minister the city’s black community.

In an oral history recording, Rev Rose described Springfield as “just really a type of Southern town” with an “overpowering resentment of the Negro…distrust and the fear that the Negro might someday become stronger.” When he returned to Springfield, he observed that the time that had elapsed since the race riots was “a very short span of time to erase all the scars and the prejudices and the hate that was engendered…in that very unfortunate affair.”

It was a hate, he continued, that “Kind of hung like a cloud from an atomic bomb over the whole neighborhood” causing the black citizens of Springfield to go “into themselves quite a bit.”

After his short recording career with Paramount in the late 1920s, Rev Rose went on to become a regional bishop in the Church of God in Christ. He recorded because he thought songs could both uplift and spread messages of hope and perseverance in the struggle for Civil Rights. When he sang “If I Had My Way,” it’s clear that the building he wanted to tear down was no less than the edifice of racism.

Lord, if I had my way,

Oh Lord, if I, if I had my way,

In this wicked world, if I had my way,

God, knows I’d tear this building down.The Conversation

‘If I Had My Way,’ by Rev TT Rose.

Republished with permission under license from The Conversation.