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Emmett and Trayvon: How Racial Prejudice Has Changed By Elijah Anderson

July 21, 2013

Article II of an 11-part Series on Race in America - Past and Present

Emmett and Trayvon: How Racial Prejudice Has Changed 
By Elijah Anderson

emmettandtrayvon

elijah anderson photo

Elijah Anderson

(TriceEdneyWire.com) - Separated by a thousand miles, two state borders, and nearly six decades, two young African- American boys met tragic fates that seem remarkably similar today: both walked into a small market to buy some candy; both ended up dead.

The first boy is Emmett Till, who was 14 years old in the summer of 1955 when he walked into a local grocery store in Money, Miss., to buy gum. He was later roused from bed, beaten brutally, and possibly shot by a group of White men who later dumped his body in a nearby river. They claimed he had stepped out of his place by flirting with a young White woman, the wife of the store's owner. The second boy is Trayvon Martin, who was 17 years old late last winter when he walked into a 7-Eleven near a gated community in Sanford, Fla., to buy Skittles and an iced tea.

He was later shot to death at close range by a mixed-race man, who claimed Martin had behaved suspiciously and seemed out of place. The deaths of both boys galvanized the nation, drew sympathy and disbelief across racial lines, and, through the popular media, prompted a reexamination of race relations.

In the aftermath of Martin's death last February, a handful of reporters and columnists, and many members of the general public, made the obvious comparison: Trayvon Martin, it seemed, was the Emmett Till of our times. And, while that comparison has some merit-the boys' deaths are similar both in some of their details and in their tragic outcome-these killings must also be understood as the result of very different strains of racial tension in America.

The racism that led to Till's death was embedded in a virulent ideology of White racial superiority born out of slavery and the Jim Crow codes, particularly in the Deep South. That sort of racism hinges on the idea that Blacks are an inherently inferior race, a morally null group that deserves both the subjugation and poverty it gets.

The racial prejudice that led to Trayvon Martin's death is different. While it, too, was born of America's painful legacy of slavery and segregation, and informed by those old concepts of racial order-that Blacks have their "place" in  society-it in addition reflects the urban iconography of today's racial inequality, namely the Black ghetto, a uniquely urban American creation. Strikingly, this segregation of the Black community coexists with an ongoing racial incorporation process that has produced the largest Black middle class in history, and that reflects the extraordinary social progress this country has made since the 1960s. The civil rights movement paved the way for Blacks and other people of color to access public and professional opportunities and spaces that would have been unimaginable in Till's time.

While the sort of racism that led to Till's death still exists in society today, Americans in general have a much more nuanced, more textured attitude toward race than anything we've seen before, and usually that attitude does not manifest in overtly hateful, exclusionary, or violent acts. Instead, it manifests in pervasive mindsets and stereotypes that all Black people start from the inner-city ghetto and are therefore stigmatized by their association with its putative amorality, danger, crime, and poverty. Hence, in public, a Black person is burdened with a negative presumption that he or she must disprove before being able to establish mutually trusting relationships with others.

Most consequentially, Black skin when seen in public, and its association with the ghetto, translates into a deficit of credibility as Black skin is conflated with lower-class status. Such attitudes impact poor Blacks of the ghetto one way and middle-class Black people in another way.

While middle-class Blacks may be able to successfully overcome the negative presumptions of others, lower-class Blacks may not. For instance, all Blacks, particularly "ghetto-looking" young men, are at risk of enduring yet another "stop and frisk" from the police as well as discrimination from potential employers shopkeepers, and strangers on the street. Members of the Black middle class and Black professionals may ultimately pass inspection and withstand such scrutiny; many poorer blacks cannot.

And many Blacks who have never stepped foot in a ghetto must repeatedly prove themselves as non-ghetto, often operating in a provisional status (with something more to prove), in the workplace or, say, a fancy restaurant, until they can convince others-either by speaking "White" English or by demonstrating intelligence, poise, or manners-that they are to be trusted, that they are not "one of those" Blacks from the ghetto, and that they deserve respect. In other words, a middle-class Black man who is, for instance, waiting in line for an ATM at night will in many cases be treated with a level of suspicion that a middle-class White man simply does not experience.

But this pervasive cultural association-Black skin equals the ghetto-does not come out of the blue. After all, as a result of historical, political, and economic factors, Blacks have been contained in the ghetto. Today, with persistent housing discrimination and the disappearance of manufacturing jobs, America's ghettos face structural poverty. In addition, crime and homicide rates within those communities are high, young Black men are typically the ones killing one another, and ghetto culture - made iconic by artists like Tupac Shakur, 50 Cent, and the Notorious B.I.G. - is inextricably intertwined with blackness.

As a result, in America's collective imagination the ghetto is a dangerous, scary part of the city. It's where rap comes from, where drugs are sold, where hoodlums rule, and where The Wire might have been filmed. Above all, to many White Americans the ghetto is where "the Black people live," and thus, as the misguided logic follows, all Black people live in the ghetto. It's that pervasive, if accidental, fallacy that's at the root of the wider society's perceptions of Black people today. While it may be true that everyone who lives in a certain ghetto is Black, it is patently untrue that everyone who is Black lives in a ghetto. Regardless, Black people of all classes, including those born and raised far from the inner cities and those who've never been in a ghetto, are by virtue of skin color alone stigmatized by the place.

I call this idea the "iconic ghetto," and it has become a powerful source of stereotype, prejudice, and discrimination in our society, negatively defining the Black person in public. In some ways, the iconic ghetto reflects the old version of racism that led to Till's death. In Till's day, a Black person's "place" was in the field, in the maid's quarters, or in the back of the bus. If a Black man was found "out of his place," he could be punished, jailed, or lynched. In Martin's day-in our day-a Black person's "place" is in the ghetto. If he is found "out of his place," like in a fancy hotel lobby, on a golf course, or, say, in an upscale community, he may easily be mistaken, treated with suspicion, avoided, pulled over, frisked, arrested-or worse.

Trayvon Martin's death is an example of how this more current type of racial stereotyping works. While the facts of the case are still under investigation, from what is known it seems fair to say that George Zimmerman, Martin's killer, saw a young Black man wearing a hoodie and assumed he was from the ghetto and therefore "out of place" in the Retreat at Twin Lakes, Zimmerman's gated community. Until recently, Twin Lakes was a relatively safe, largely middle-class neighborhood. But as a result of collapsing housing prices, it has been witnessing an influx of renters and a rash of burglaries. Some of the burglaries have been committed by Black men. Zimmerman, who is himself of mixed race (of Latino, Black, and White descent), did not have a history of racism, and his family has claimed that he had previously volunteered handing out leaflets at Black churches protesting the assault of a homeless Black man.

The point is, it appears unlikely that Zimmerman shot and killed Martin simply because he hates Black people as a race. It seems that he put a gun in his pocket and followed Martin after making the assumption that Martin's Black skin and choice of dress meant that he was from the ghetto, and therefore up to no good; he was considered to be a threat. And that's an important distinction.

Zimmerman acted brashly and was almost certainly motivated by assumptions about young black men, but it is not clear that he acted brutally out of hatred for Martin's race. That certainly does not make Zimmerman's actions excusable, Till's murderers acted out of racial hatred.

The complex racially charged drama that led to Martin's death is indicative of both our history and our rapid and uneven racial progress as a society. While there continue to be clear demarcations separating Blacks and Whites in social strata, major racial changes have been made for the better. It's no longer uncommon to see Black people in positions of power, privilege, and prestige, in top positions in boardrooms, universities, hospitals, and judges' chambers, but we must also face the reality that poverty, unemployment, and incarceration still break down largely along racial lines.

This situation fuels the iconic ghetto, including a prevalent assumption among many White Americans, even among some progressive Whites who are not by any measure traditionally racist, that there are two types of Blacks: those residing in the ghetto, and those who appear to have played by the rules and become successful. In situations in which Black people encounter strangers, many often feel they have to prove as quickly as possible that they belong in the latter category in order to be accepted and treated with respect.

As a result of this pervasive dichotomy-that there are "ghetto" and "non-ghetto" Blacks-many middle-class Blacks actively work to separate and distance themselves from the popular association of their race with the ghetto by deliberately dressing well or by spurning hip-hop, rap, and ghetto styles of dress. Similarly, some Blacks, when interacting with Whites, may cultivate an overt, sometimes unnaturally formal way of speaking to distance themselves from "those" black people from the ghetto.

But it's also not that simple. Strikingly, many middle class Black young people, most of whom have no personal connection with the ghetto, go out of their way in the other direction, claiming the ghetto by adopting its symbols, including styles of dress, patterns of speech, or choice of music, as a means of establishing their authenticity as "still Black" in the largely White middle class they feel does not fully accept them; they want to demonstrate they have not "sold out." Thus, the iconic ghetto is, paradoxically, both a stigma and a sign of authenticity for some American Blacks-a kind of double bind that beleaguers many middle-class Black parents.

Despite the significant racial progress our society has made since Till's childhood, from the civil rights movement to the re-election of President Obama, the pervasive association of Black people with the ghetto, and therefore with a certain social station, betrays a persistent cultural lag. After all, it has only been two generations since schools were legally desegregated and five decades since Blacks and Whites in many parts of the country started drinking from the same water fountains.

If Till were alive today, he'd remember when restaurants had "White Only" entrances and when stories of lynchings peppered The New York Times. He'd also remember the Freedom Riders, Martin Luther King Jr., and the Million Man March. He'd remember when his peers became generals and justices, and when a Black man, just 20 years his junior, became president of the United States. As I am writing, he would have been 73 - had he lived.

Elijah Anderson is the William K. Lanman Jr. Professor of Sociology at Yale University. His latest book is The Cosmopolitan Canopy: Race and Civility in Everyday Life. This article, the second of an 11-part series on race, is sponsored by the W. K. Kellogg Foundation and was originally published by the Washington Monthly Magazine.

Son of Racist Leader Renounces White Nationalism by Mark Potok

July 22, 2013

Son of Klan Leader Renounces White Nationalism
By Mark Potok

derek-black-wpbr-hatewatch

Derek Black, 24, has renounced the racist views of his Klansman father.

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Already, at the tender age of 9, Derek Black was attending racist events like this Nov. 7, 1998, gathering in Jackson, Miss., of the white nationalist Council of Conservative Citizens (CCC), a group that has described black people as a “retrograde species of humanity.” He is pictured here with then-Mississippi Gov. Kirk Fordice, one of few politicians who was then still willing to be seen at CCC events.

Special to the Trice Edney News Wire from the Southern Poverty Law Center

(TriceEdneyWire.com) - Derek Black, son of the former Alabama Klan leader who now runs the largest racist Web forum in the world, has renounced white nationalism, saying that he had been through “a gradual awakening process” and apologizing for his past activism.

In an E-mail to the blog of the Southern Poverty Law Center’s Hatewatch, Black, 24, wrote that he had come to see the arguments of white nationalism as “principally flawed,” adding that he had realized that American society is marked by an “overwhelming disparity between white power and that of everyone else” and that white nationalism was really about “an entrenched desire to preserve white power at the expense of others.”

“Advocating for white nationalism means that we are opposed to minority attempts to elevate themselves to a position equal to our own,” wrote Black, who recently finished his third year at the elite New College of Florida. “It is an advocacy that I cannot support, having grown past my bubble, talked to the people I affected, read more widely, and realized the necessary impact my actions had on people I never wanted to harm.”

It was a remarkable statement for Black, whose father, Don Black, once served time in prison for plotting a racist invasion of a small Caribbean nation and founded and still runs Stormfront, a white supremacist Web forum. The younger Black was raised in the racist movement, had by age 12 created a racist children’s page on his father’s website, and until recently hosted a radio show featuring racist guests.

But it was also the latest step in a fairly clear evolution.

Last November, Derek Black posted a statement on a students-only forum at his college in which he explicitly said he was not a white supremacist, a neo-Nazi or a Klansman, and revealing that he had some unexpected views, such as support for same-sex marriage, environmental regulation, and legal abortion. But he also said in the statement, which was made public on this blog in December, that he was not renouncing white nationalism and did not see it as incompatible with his other views.

In his E-mail, Black said that he was already moving away from White nationalism at the time, but that “I was not prepared to risk driving any wedge” into his relationship with his family, “whom I respect greatly, particularly my father.” But, he added, “After a great deal of thought since then, I have resolved that it is in the best interests of everyone involved, directly or indirectly, to be honest about my slow but steady disaffiliation from white nationalism.” He described himself as having spent “the past few years … disentangling myself from white nationalism,” and added that he had closed down his radio show permanently this January. He said that he had not posted at all on Stormfront this year, and only once in 2012. He said he did attend a Stormfront conference in 2012, but would not do so again this year.

Black also directly confronted some of the main arguments of white nationalism, such as the idea that Whites are being victimized by non-White immigration, mixed-race marriages and affirmative action — what amounts, in the arguments of White nationalists, to “genocide” aimed at destroying the white race. He also ridiculed many white nationalists’ “particularly bizarre” hatred of Jews.

“I now consider this belief system principally flawed,” he said. “Most arguments that racial equity programs disadvantage whites who would otherwise be hired or accepted to academic programs mask underlying anxieties about the growth of non-white social status. It is impossible to argue rationally that in our society, with its overwhelming disparity between white power and that of everyone else, racial equity programs intended to affect the deep-rooted situation represent oppression of whites.” Indeed, Black added, “The advancement of minorities in the US is not insignificant, but has not ended (let alone reversed) their circumstances.”

Black was explicitly apologetic. “I acknowledge that things I have said as well as my actions have been harmful to people of color, people of Jewish descent, activists striving for opportunity and fairness for all, and others affected.”

“I can’t support a movement that tells me I can’t be a friend to whomever I wish or that other people’s races requires me to think about them in a certain way or be suspicious of their advancements,” Black wrote toward the end of his four-page statement. “Minorities must have the ability to rise to positions of power, and many supposed ‘race’ issues are in fact issues of structural oppression, poor educational prospects, and limited opportunity. The differences I thought I observed didn’t go nearly as deeply as I imagined. I believe we can move beyond the sort of mind-boggling emphasis white nationalism puts on maintaining an oppressive, exclusive sense of identity — oppressive for others and stifling for our society.”

Prominent Black Lawyers Debate Zimmerman Verdict by Zenitha Prince

July 21, 2013

Prominent Black Lawyers Debate Zimmerman Verdict 
By Zenitha Prince

gavelandscales

Special to the Trice Edney News Wire from the Afro American Newspaper
(TriceEdneyWire.com) - Black legal experts have conflicting opinions on the outcome of the trial of George Zimmerman, who was accused of killing 17-year-old Trayvon Martin during an altercation on the night of Feb. 26, 2012, in Sanford, Fla.

A six-member, all-female jury comprising five Whites and one Hispanic on July 13 acquitted the 29-year-old on the charges of second-degree murder and manslaughter in the shooting death of the unarmed Black teen.

The verdict has spawned both satisfaction and outrage, with crowds taking to the streets around the country, decrying the case’s underlying issues of racial profiling and equal justice.

“A lot of people in our (the Black) community are still stunned by the outcome, including me,” said Glenn Ivey, 52, former state’s attorney for Prince George’s County, Md. “I never thought they would get a second-degree murder charge out of this but I thought there was enough information to support manslaughter.”

Most legal experts agree that second-degree murder was a stretch, given the evidence. But some, unlike Ivey, said even a manslaughter conviction was too much to hope for.

“I didn’t think there was any chance for Trayvon to get justice,” said Warren Brown, a well-known criminal defense lawyer, who has practiced in Baltimore for 33 years. He added, “And unfortunately what happened to Trayvon happens all the doggone time in thousands of cases per week in courts around the country. It is reality.”

Some of the experts agreed that race had a significant, though insidious, role in the case’s result.

“Even though race was never explicitly mentioned, it was pretty obvious that it was on everyone’s mind. It was the elephant in the room for sure, and the defense took advantage of that,” said Ivey, also a former federal prosecutor, who is currently practicing criminal defense law with a Washington, D.C.-based firm. “If this had been the other way around, if Trayvon Martin had been accused of killing George Zimmerman and had stood trial before an all-White jury, Martin would have been convicted, at least on manslaughter.”

A. Dwight Pettit, a renowned Black attorney who has practiced law in Baltimore for four decades, agreed that race played a role, as evidenced in the jury selection, which he believes was a pivotal factor to the trial’s outcome.

“I may be from the old school, but I believe when you step across certain lines into these jurisdictions, justice changes dramatically,” the 67-year-old civil rights and criminal defense attorney said. “From the beginning I felt they had a difficult time in that jurisdiction empanelling a jury of Trayvon’s peers.”

William "Billy" Murphy, senior partner of Murphy, Falcon and Murphy said: "One of the problems with the Trayvon Martin case was that not enough Blacks who live in that jurisdiction were called for jury duty or participated in the process. To what extent then must we take responsibility for that jury being all-White?"

"If a man is 95 percent guilty then he's supposed to get off--that's the way the American justice system works. there must not be a reasonable doubt," Murphy said. "You take that, plus the stand your ground law, and it's a party."

"Since none of us were there, the prosecutor has to recreate what happened beyond a reasonable doubt," he said.

A. Scott Bolden, managing partner with the D.C.-based law firm Reed Smith, disagreed that the racial makeup of the jury necessarily impacted the outcome.

The six jurors all showed evidence of being “thoughtful” and “hard-working” he said, given their requests to review evidence and their questions about the charges during deliberation.

The problem, he said, was the lack of solid witnesses. Several of the state’s witnesses even proved counterproductive to their case, such as the witnesses who waffled on whether the voice heard screaming on the tape was Trayvon’s.

“The prosecution had a very tough case because there were no witnesses that could say definitively that happened during this altercation,” Bolden said. “The only witness they had left was Zimmerman – Trayvon Martin was dead – and Zimmerman refused to take the stand.”

The prosecution made a “calculated” decision to play Zimmerman’s taped interviews in an attempt to undermine his credibility. But, without an actual cross-examination, it was difficult to do so, experts said.

“I think if the prosecution had forced Zimmerman to take the stand, and if they did a good job cross-examining him, the case could have turned out differently,” Bolden concluded.

The prosecution made several missteps, many of the legal experts agreed, beginning with the initial investigation.

“There was a lot of damage that had already been done before the case came to trial,” Brown said.

“The decision of the prosecution, initially, was not to bring charges. So when they decided to prosecute the case, they were stuck with the mess they had already created.”

Given the dearth of evidence collected and the conflicting testimony given by the witnesses, the prosecutors essentially were “trying to fit a square peg into a round hole,” Brown said.

“The jury had to determine if the state proved its proposition beyond a reasonable doubt. [But] this case was rigged with reasonable doubt about what happened, and without that clarity, the jury had no choice but to check off ‘not guilty,’” the 60-year-old attorney added.

With Zimmerman’s acquittal in the criminal trial, Martin’s parents could seek justice for their son’s slaying in a civil suit.

“The civil case is really a better venue to determine the truth of what occurred,” Bolden said. “Zimmerman’s credibility would be severely tested” during deposition and testimony.

Alternatively, other activists are pursuing other means of correcting what they see as a wrong.

The NAACP has launched a petition calling on the Justice Department to file civil charges against Zimmerman. The petition, which is also posted on the website of MoveOn.org, had almost a half-million signatures as of July 16.

“It is time for the Department of Justice to act,” read the online petition addressed to Attorney General Eric Holder, which was posted right after the verdict was announced.

“The most fundamental of civil rights — the right to life — was violated the night George Zimmerman stalked and then took the life of Trayvon Martin,” it continued.

“We ask that the Department of Justice file civil rights charges against Mr. Zimmerman for this egregious violation.”

Bolden said if the department agrees, it would likely charge Zimmerman with criminal violation of Trayvon’s civil rights under Title 42, the hate crime statute.
“Given their resources, the fact that the charges would be different and racial profiling would be front and center, their case could be more successful,” Bolden said.

Brown, however, said the evidence and witnesses testimonies are still too spotty for a successful conviction.

“I don’t think the Justice Department will take it,” he said. “I don’t think any lawyer who looks at the evidence and the witnesses would take on this case.”

Blacks Who Stand Their Ground Often Imprisoned by Zenitha Prince

July 21, 2013

Blacks Who Stand Their Ground Often Imprisoned
Florida's Astounding Inconsistent 'Stand Your Ground' Application

By Zenitha Prince

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Special to the Trice Edney News Wire from the Afro American Newspaper

(TriceEdneyWire.com) - The recent acquittal of neighborhood watchman George Zimmerman in the shooting death of 17-year-old unarmed Trayvon Martin has led to intense scrutiny of Florida’s ‘Stand Your Ground’ law, which hung over the Zimmerman trial along with similar “no retreat” self-defense laws, and their impact on people of color.

“I think the Trayvon Martin case highlighted the racial inequalities that exist in American society,” said Brendan Fischer, general counsel of the Center for Media and Democracy. “It is a symbol of how the American justice system devalues the lives of people of color. [And], ‘Stand Your Ground’ has embedded a lot of these injustices into the system. Statistics have shown its application has been anything but equitable.”Supported by the National Rifle Association, “Stand Your Ground” was passed by the Florida legislature in 2005. The measure turned age-old self-defense principle on its head by allowing persons to use deadly force to defend themselves, without first trying to retreat, if they have a reasonable belief that they face a threat.

The law’s template was then adopted by the American Legislative Exchange Council, a nonprofit organization made up of corporations, foundations and legislators that advance federalist and conservative public policies, authorities said. Since Florida passed the law, similar measures have been introduced in one form or another in about 30 states, usually those with state legislatures dominated by Republicans.

“That law gives law-and-order activists, right-wingers and vigilantes an arguable basis for defense and opens up a pathway for unjust dispositions of justice because it allows civilians to shoot first and make certain determinations later,” said Dwight Pettit, 67, a renowned Black attorney in Baltimore.

Pettit drew comparisons to police-involved shootings of African Americans when the officers make claims such as “I was in fear for my life,” or “I thought he was reaching for his gun,” and are exonerated. He said he discusses the phenomenon in his soon-to-be-released book Under Color of Law.

“Blacks don’t fare well with these laws at all,” Pettit said. “It’s another lessening of protection for African Americans.”

An analysis conducted by the Tampa Bay Times last year showed that defendants in Florida who employ the “Stand Your Ground” defense are more successful when the victim is Black. In its examination of 200 applicable cases, the Times found that 73 percent of those who killed a Black person were acquitted, compared to 59 percent of those who killed a White.

Similarly, an analysis of Supplemental Homicide Reports submitted by local law enforcement to the FBI between 2005 and 2010 demonstrates that in cases with a Black shooter and a White victim, the rate of justifiable homicide rulings is about 1 percent. However, if the shooter is White and the victim is Black, it is ruled justified in 9.5 percent of cases in non-Stand Your Ground (SYG) states.

In SYG states, the rate is even higher—almost 17 percent, according to John Roman of the Urban Institute.

The trends could partly explain Zimmerman’s verdict, some legal experts said. While his defense team did not invoke the law, Circuit Court Judge Debra Nelson introduced the principle in her instructions to the jury.

“If George Zimmerman was not engaged in an unlawful activity and was attacked in any place where he had a right to be, he had no duty to retreat and had the right to stand his ground and meet force with force, including deadly force, if he reasonably believed that it was necessary to do so to prevent death or great bodily harm to himself or another or to prevent the commission of a forcible felony,” she said in her instructions to the jury of one Hispanic and five White women.

To police officers and prosecutors in Sanford, Fla.—who had initially decided not to charge Zimmerman—and to jurors in the case, Zimmerman’s “fear” of Trayvon Martin, a hoodie-wearing Black teenager, likely appeared to be justified, Fischer said.

“If you have a case like George Zimmerman, who is part White, alleging that a young Black male is a threat to him, a lot of times law enforcement would agree that such as person did [constitute] a threat because of the biases and presumptions about Black males, in particular, which exist in society,” he said.

Conversely, Stand Your Ground laws are less accommodating of Black defendants. Such was the case of successful African-American businessman John McNeil who was found guilty of aggravated assault and felony murder in Georgia in 2006 in connection with the fatal shooting of White contractor Brian Epp. McNeil said Epp threatened him and his son during a hostile encounter after going onto McNeil’s property to confront him. He was released earlier this year on time served.

Similarly, in July 2012, Marissa Alexander, 31, the mother of three, was given a 20-year mandatory sentence for an aggravated assault conviction for firing a warning shot into the air in the garage of her home at her abusive husband. Alexander said the man was moving toward her as she attempted to retreat from him when she fired the shot. He was not injured.

Florida Sen. Gary Siplin (D) said the Alexander case was his motivation to attempt to get the Stand Your Ground law overturned. He was unsuccessful, however, because “there are more Democrats in Florida, but more Republicans [are] in charge and they don’t want to change the law,” he told the AFRO.

Working toward a repeal of the laws would be a positive outcome or response to the verdict in the George Zimmerman case, Fischer said.

He said, “People have to vote and elect legislators that would support more just laws that protect the rights of all people instead of just a few.”

In the meantime, many officials are vowing to examine the laws and work toward their repeal, if necessary.

“It’s time to question laws that senselessly expand the concept of self-defense and sow dangerous conflict in our neighborhoods,” U.S. Attorney General Eric Holder said in a speech to the NAACP on July 16. “By allowing, and perhaps encouraging, violent situations to escalate in public, such laws undermine public safety.”

The Trayvon Martin case “opened up a nationwide inquiry into the appropriateness and efficacy of Stand Your Ground laws,” said Commissioner Michael Yaki, of the U.S. Commission on Civil Rights, who initiated the body's investigation into racial bias in the application of such laws. He said the commission is committed to investigating the laws.

Yaki said, “To honor Trayvon and his family, we will continue this inquiry with resolve and renewed purpose.”

Story I of an 11-Story Series on Race in America - Past and Present America's Twentieth-Century Slavery by Douglas A. B lackmon

Story I of an 11-Story Series on Race in America - Past and Present America's Twentieth-Century Slavery

The horrifying, little-known story of how hundreds of thousands of 
Blacks worked in brutal bondage right up until World War II.

By Douglas A. Blackmon

doug blackmon

Doug A. Blackmon

kellogg story 1 graphic
A cry for help: Having exhausted all other options, a desperate young woman named Carrie Kinsey wrote this letter directly to President Theodore Roosevelt asking him to help her brother, who had been taken to a forced labor camp nearby. "Let me have him," she writes. "He have not don nothing for them to hase him in chanes."

(TriceEdneyWire.com) - On July 31, 1903, a letter addressed to President Theodore Roosevelt arrived at the White House. It had been mailed from the town of Bainbridge, Georgia, the prosperous seat of a cotton county perched on the Florida state line.

The sender was a barely literate African-American woman named Carrie Kinsey. With little punctuation and few capital letters, she penned the bare facts of the abduction of her 14-year-old brother, James Robinson, who a year earlier had been sold into involuntary servitude.

Kinsey had already asked for help from the powerful White people in her world. She knew where her brother had been taken-a vast plantation not far away called Kinderlou. There, hundreds of Black men and boys were held in chains and forced to labor in the fields or in one of several factories owned by the McRee family, one of the wealthiest and most powerful in Georgia. No White official in this corner of the state would take an interest in the abduction and enslavement of a Black teenager.

Confronted with a world of indifferent White people, Mrs. Kinsey did the only remaining thing she could think of. Newspapers across the country had recently reported on a speech by Roosevelt promising a "square deal" for Black Americans. Mrs. Kinsey decided that her only remaining hope was to beg the president of the United States to help her brother.

"Mr. Prassident," she wrote. "They wont let me have him.... He hase not don nothing for them to have him in chanes so I rite to you for your help."

Considered more than a century later, her letter courses with desperation and submerged outrage. Yet when received at the White House, it was slipped into a small rectangular folder and forwarded to the Department of Justice. There, it was tagged with a reference number, 12007, and filed away. Teddy Roosevelt never saw it. No action was taken. Her words lie still at the National Archives just outside Washington, D.C.

As dumbfounding as the story told by the Carrie Kinsey letter is, far more remarkable is what surrounds that letter at the National Archives. In the same box that holds her grief-stricken missive are at least half a dozen other pieces of correspondence recounting other stories of kidnapping, perversion of the courts, or human trafficking-as horrifying as, or worse than, Carrie Kinsey's tale. It is the same in the next box on the shelf. And the one before. And the ones on either side of those. And the next and the next. And on and on. Thousands and thousands of plaintive letters and grimly bureaucratic responses-altogether at least 30,000 pages of original material-chronicle cases of forced labor and involuntary servitude in the South decades after the end of the Civil War.

"i have a little girl that has been kidnapped from me ... and i cant get her out," wrote Reverend L. R. Farmer, pastor of a Black Baptist church in Morganton, N.C. "i want ask you is it law for people to whip (col) people and keep them and not allow them to leave without a pass."

A farmer near Pine Apple, Ala., named J. R. Adams, writing of terrible abuses by the dominant landowning family in the county, was one of the astonishingly few White southerners who also complained to the Department of Justice. "They have held negroes ... for years," Adams wrote. "It is a very rare thing that a negro escapes."

A similar body of material rests in the files of the National Association for the Advancement of Colored People, the one institution that undertook any sustained effort to address at least the most terrible cases. Dwarfing everything at those repositories are the still largely unexamined collections of local records in courthouses across the South. In dank basements, abandoned buildings, and local archives, seemingly endless numbers of files contain hundreds of thousands of handwritten entries documenting in monotonous granularity the details of an immense, metastasizing horror that stretched well into the twentieth century.

By the first years after 1900, tens of thousands of African-American men and boys, along with a smaller number of women, had been sold by southern state governments. An exponentially larger number, of whom surviving records are painfully incomplete, had been forced into labor through county and local courts, backwoods justices of the peace, and outright kidnapping and trafficking. The total number of those re-enslaved in the seventy-five years between the end of the Civil War and the beginning of World War II can't be precisely determined, but based on the records that do survive, we can safely say it happened to hundreds of thousands. How many more African- Americans circumscribed their lives in dramatic ways, or abandoned all to flee the South entirely, to avoid that fate or mob violence? It is impossible to know. Millions. Generations.

This is not an easy story for Americans to receive, much less accept. The idea that not just civil rights but basic freedom itself was denied to an enormous population of African-Americans until the middle of the twentieth century fits nowhere in the triumphalist, steady-progress, greatest-generations accounts we prefer for our national narrative. That the thrilling events depicted in Steven Spielberg's recent film Lincoln-the heroic, frenzied campaign by Abraham Lincoln leading to passage of the Thirteenth Amendment abolishing slavery-were in fact later trumped not just by discrimination and segregation but by the resurrection of a full-blown derivative of slavery itself.

This story of re-enslavement is irrefutably true, however. Indeed, even as Spielberg's film conveys the euphoria felt by African-Americans and all opposed to slavery upon passage of the amendment in 1865, it also unintentionally foreshadows the demise of that brighter future. On the night of the amendment's passage in the film, the African American housekeeper and, as presented in the film, secret lover of the abolitionist Congressman Thaddeus Stevens, played by the actress S. Epatha Merkerson, reads the amendment aloud. First, the sweeping banishment of slavery. And then, an often overlooked but powerful prepositional phrase: "except as a punishment for crime."

It began with Reconstruction. Faced with empty government coffers, a paralyzing intellectual inability to contemplate equitable labor arrangements with former chattel, profound resentment against the emancipated freedmen, and a desperate economic need to force Black workers back into the fields, White landowners and government officials began using the South's criminal courts to compel African Americans back into slavery.

In the first years after the Civil War, even as former slaves optimistically swarmed into new schools and lined up at courthouses at every whisper of a hope of economic independence, the Southern states began enacting an array of interlocking laws that would make all African-Americans criminals, regardless of their conduct, and thereby making it legal to force them into chain gangs, labor camps, and other forms of involuntarily servitude. By the end of 1865, every Southern state except Arkansas and Tennessee had passed laws outlawing vagrancy and defining it so vaguely that virtually any freed slave not under the protection of a White man could be arrested for the crime. An 1865 Mississippi statute required Black workers to enter into labor contracts with White farmers by January 1 of every year or risk arrest. Four other states legislated that African Americans could not legally be hired for work without a discharge paper from their previous employer-effectively preventing them from leaving the plantation of the White man they worked for.

After the return of nearly complete White political control in 1877, the passage of those laws accelerated. Some, particularly those that explicitly said they applied only to African-Americans, were struck down in court appeals or through federal interventions, but new statutes embracing the same strictures on Black life quickly replaced them. Most of the new laws were written as if they applied to everyone, but in reality they were overwhelmingly enforced only against African- Americans.

In the 1880s, Alabama, North Carolina, and Florida passed laws making it a crime for a Black man to change employers without permission. It was a crime for a Black man to speak loudly in the company of a White woman, a crime to have a gun in his pocket, and a crime to sell the proceeds of his farm to anyone other than the man he rented land from. It was a crime to walk beside a railroad line, a crime to fail to yield a sidewalk to White people, a crime to sit among Whites on a train, and it was most certainly a crime to engage in sexual relations with-or, God forbid, to show true love and affection for-a White girl.

And that's how it happened. Within a few years of the passage of these laws, tens of thousands of Black men and boys, and a smaller number of Black women, were being arrested and sold into forced labor camps by state officials, local judges, and sheriffs. During this time, some actual criminals were sold into slavery, and a small percentage of them were White. But the vast majority were Black men accused of trivial or trumped-up crimes. Compelling evidence indicates that huge numbers had in fact committed no offense whatsoever. As the system grew, countless White farmers and businessmen jostled to "lease" as many Black "criminals" as they could. Soon, huge numbers of other African-Americans were simply being kidnapped and sold into slavery.

The forced labor camps they found themselves in were islands of squalor and brutality. Thousands died of disease, malnourishment, and abuse. Mortality rates in some years exceeded 40 percent. At the same time, this new slavery trade generated millions of dollars for state and local governments-for many years it was the single largest source of income for the state of Alabama. As these laws and practices expanded across the South, they became the primary means to terrorize African- Americans, and to coerce them into going along with other exploitative labor arrangements, like sharecropping, that are more familiar to twenty-first-century Americans

This was the terrifying trap into which Carrie Kinsey's young brother had been drawn. After a trip through the counties near Kinsey's home, W. E. B. Du Bois, who was then teaching at Atlanta's Morehouse College, described in 1905 one such convict farm. "It is a depressing place-bare, unshaded, with no charm of past association, only a memory of forced human toil-now, then, and before the war," he wrote. He described Black farmworkers who never saw wages because charges for rent and food always exceeded any compensation. "A dismal place it still remains, with rows of ugly huts filled with surly ignorant tenants," Du Bois wrote. "And now and then it blazes forth in veiled but hot anger."

Du Bois could easily have been describing Kinderlou, where Kinsey's brother was taken. Encompassing 22,000 acres, it was an enterprise that dwarfed any antebellum definition of the word "plantation." Owned by state Representative Edward McRee and his brothers, Kinderlou was an unparalleled center of economic and political power in Georgia. By 1900, the siblings had inherited the enterprise from their father, a noted Confederate officer named George McRee. Each lived in a lavish mansion within a square mile of the center of the plantation, basking in the subtropical warmth of the Gulf Coast.

Between them, an empire bustled with enslaved laborers. Consuming the bulk of an entire county, Kinderlou included thousands of acres of lushly fertile sandy loam, and thousands more of dense pine and hardwood. On a private spur of the Atlantic Coast Line Railroad thrust into the center of the plantation, dozens of boxcars waited at all times for the hundreds of thousands of bushels of tomatoes, watermelons, cantaloupes, corn, tobacco, and cotton. The McRees owned their own cotton gins, compresses to make bales, and warehouses to store enormous quantities of lint. A five-horsepower steam engine ground the plantation's sugarcane to make syrup. Five 80-foot-long barns were built to cure tobacco, and a factory produced thousands of pallets, wooden crates, and baskets for shipping produce. Deep in the forests, McRee turpentine camps collected rosin for their naval stores distillery.

Initially, the McRees hired only free Black labor, but beginning in the 1890s they routinely leased a hundred or more convicts from the state of Georgia to perform the grueling work of clearing land, removing stumps, ditching fields, and constructing roads. Other prisoners hoed, plowed, and weeded the crops. Over the course of fifteen years, thousands of men and women were forced to Kinderlou and held in stockades under the watch of armed guards. After the turn of the century, the brothers began to arrange for even more forced laborers through the sheriffs of nearby counties in Georgia and Florida-fueling what eventually grew into a sprawling traffic in humans

A Black worker in 1904 described to a journalist how he arrived at the farm at age 10 as a free laborer. A few years later, he attempted to leave to work at another plantation. Before sundown on the day of his departure, one of the McRees and "some kind of law officer" tracked him down. The new employer apologized to the McRees for hiring the young worker, saying he would never have done so if he had known "this nigger was bound out to you."

"So I was carried back to the Captain's," the man said later. "That night he made me strip off my clothing down to my waist, had me tied to a tree in his backyard, ordered his foreman to gave me thirty lashes with a buggy whip across my bare back, and stood by until it was done."

When his labor contract finally expired after a decade, the man was told he could leave Kinderlou, so long as he could pay his accumulated debt at the plantation commissary-$165, the rough equivalent of two years' labor for a free farmer. Unable to do so, of course, he was compelled to sign a contract promising to work on the farm until the debt was paid, but now as a convict.

He and other "prison laborers" slept each night in the same clothes they wore in the fields, on rotting mattresses infested with pests. Many were chained to their beds. Food was crude and minimal. The disobedient were tied to a log lying on their backs, while a guard spanked their bare feet with a plank of wood. After a slave was untied, if he could not return to work on his blistered feet, he was strapped to the log again, this time facedown, and lashed with a leather whip. Women prisoners were held across a barrel and whipped on their bare bottoms.

In the summer of 1903, the assistant U.S. attorney in Macon, Georgia, began a brief investigation into Kinderlou's army of Black laborers held against their will. He discovered that the brothers had arrangements with sheriffs and other officers in at least six other Georgia counties. These law enforcement officials would seize Blacks on the grounds that they were "committing crimes," often specious and sometimes altogether made up, and then sell them to the McRees and other businessmen, without ever going through the regular processes of the criminal courts. When the McRees learned of the investigation, they hastily freed the workers being held involuntarily. At least forty fled immediately.

James Robinson, the brother of Carrie Kinsey, may have been one of them, though federal officials never connected her allegations to the Kinderlou investigation. Even if Kinsey's brother's case had been investigated, her letter misspelled the name of the plantation.

In November 1903, a grand jury indicted the McRee brothers on 13 specific counts of holding African-American men and women illegally. Many of those enslaved had never been charged or tried in any fashion. Several public officials were indicted for conspiring to buy and sell Blacks arrested on trivial or fabricated charges and then turning them over to the McRees. Sheriff Thomas J. McClellan, resorting to an audacious legal defense employed repeatedly in the handful of slavery cases brought by federal officials in the early twentieth century, argued that since no federal law specifically made slavery a crime, he could not be guilty of violating it. In effect, he claimed slavery was not illegal in the United States.

A member of the U.S. Congress submitted a legal brief in support of the sheriff, and prominent state officials sat at the defendants' table during a hearing on a challenge to their charges. Across Georgia, operators of lumber camps, where thousands of other men were being held under similarly dubious circumstances, watched the proceedings closely. Appearing with his brothers before a Savannah courtroom, Edward McRee assured the judge that while his family had held many African Americans in the four decades since slavery's abolition, they had never intended to enslave anyone or break the law. "Though we are probably technically guilty we did not know it," he told the court. "This custom has been [in] existence ever since the war.... We never knew that we were doing anything wrong."

The judge, hoping to avoid inflaming the anger of local whites, dispensed symbolic punishments. The McRees were allowed to plead guilty and pay a token fine of $1,000. In the wake of that trial and other failed prosecutions in the first years of the century, the U.S. Department of Justice turned a blind eye to such practices for the next 40 years. Only the advent of World War II, a declining need for low-skill laborers, and a new era of federal prosecution would finally bring a true end to American slavery.

More than 100 years after Carrie wrote her letter, I received an unexpected call from a man who identified himself as Bernard Kinsey. He believed he was one of Carrie's cousins.

Her letter had haunted me through years of research for the book I wrote on re-enslavement. What those few lines conveyed-the seizure of a teenage boy and his sale to a powerful businessman, the abject refusal of authorities to assist her, the brutalization of thousands of other Blacks on the same plantation, the heroism of Carrie in seeking the aid of President Roosevelt, and, finally, the futility of her letter-captured the entire epic tragedy of Black life in the rural South in the time between the Civil War and World War II. Even to this day, I find myself turning back to her story, resifting census records and cemetery records, looking for the fate of her brother. Did he escape? Did he die at Kinderlou? The answer still eludes me.

Bernard Kinsey represented the counter story. He told me that the Kinsey family fled to Florida not long after the McRee trial of 1903. Bernard's father opened one grocery store. Then more. Bernard graduated from Florida A&M University in 1967, and a few years later he became one of the first Black employees of Xerox Corp. Twenty years later, he retired as a senior executive, one of more than 10,000 African Americans at the company. He then became a major civic leader in Los Angeles, a successful entrepreneur and philanthropist, and one of the leading collectors of African- American art and artifacts in the U.S.

Here was the valiance of African-Americans who persevered against immeasurable odds. Here was the miracle that American society survived its sweeping betrayal of its own values, its collective dishonoring and debasement of Lincoln's achievement, the euphoric crowds of 1865 and all those who had died in the Civil War. Ultimately, it is only in a full revelation of all three narratives-of Lincoln and the Thirteenth Amendment, of re-enslavement and the failure of American character, and of the slow ongoing resurrection of our values through the struggle of citizens such as Bernard Kinsey-that we can begin to understand the progress we have made, and the progress we have yet to achieve.

A few weeks after the publication of my book, the great-great-granddaughter of a White industrialist and enslaver of thousands in Atlanta wrote me to describe her pain at discovering a personal connection to these events-and the importance of not looking away from them.

"We did not know of any of this before," she wrote. "But I believe that the ghosts of slavery and racism and the terrorism inflicted within our own country must not be hidden away but brought out into the open.... Without the whole truth, we live only in illusions."

Douglas A. Blackmon is the author of the Pulitzer Prize-winning "Slavery by Another Name: The Re-enslavement of Black Americans from the Civil War to World War II." He teaches at the University of Virginia's Miller Center and is a contributing editor at the Washington Post. This article, the first of an 11-part series on race, is sponsored by the W. K. Kellogg Foundation and was originally published by the Washington Monthly Magazine.
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