Gotterdammerung

By W. F. Twyman, Jr.

Chapter 114

We Must All Be Outlaws

Loring called a meeting at the African Meeting House to discuss James’ case. As James entered the African Meeting House on January 15, 1844, he expected perhaps 100 or 200 people to be present. James was an experienced hand at organizing neighborhood meetings. He knew what to expect. As he rounded the corner of Joy Street, his breath was taken away. There were people standing in line outside the church and down the block in the snow and ice. He hurried in and found standing room inside. His best guess was about 500 people had turned out to contest Justice White’s ruling. There were only about 1,500 colored people living on Beacon Hill. Every able-bodied man, woman, and child who could come was there inside the church or standing in the hallway and outside the church in the elements. James felt embraced by his people at a profound level. Whatever happened in the end could never take away this feeling of being loved by his people.

Rev. Givens offered a short prayer on the Christian spirit before setting up the agenda:

On January 10, the Committee of Bar Examiners or should I say the all-white Committee of Bar Examiners refused to examine James Moore Scott for admission to become a lawyer. Now as I understand these things, the examination is an afterthought. It is a formality. If you have studied in a law office for three years, then you are a whisper from becoming a lawyer. But the rules were changed for our lawyer, James Moore Scott. I would like to introduce Elias Gray Loring who will explain to us what happened and how we can help brother James Moore Scott in his struggle to become a lawyer.

I give you Mr. Loring.

Polite applause rippled through the room. Unlike some visiting whites, Loring was at home at the African Meeting House. Years of anti-slavery meetings in the basement and at the Scott house had acclimated Loring to black culture and consciousness. He did not try to be something he was not. After all, he was as Blue Blood as they come. But he found simpatico among colored people during times of racial crisis. Loring with his blue eyes, blond hair, and Harvard manner rose to the podium and drew strength from the enormity of the task at hand:

This past week will live on in history as a week of infamy. For three years, I have trained James Moore Scott to be a practicing lawyer. He was ready for admission to the State Bar and to take his place among other practitioners. In a cold and heartless move, the Committee of Bar Examiners refused to examine Scott for fitness to practice law. The reason was skin color – pure and simple. Had Scott been white, he would be a member of the Bar today. Scott filed a motion to Show Cause to the Chief Justice of our Commonwealth. On what basis did the Committee of Examiners have authority to not examine Scott? The answer came back from Mount Olympus – As a colored man, Scott was not a citizen of the Commonwealth. This decision will not stand. In fifty years, historians will look back and decry this decision as a low point of the Chief Justice’s career.

What can we do to right this wrong? How can we help Scott defeat prejudice? As a lawyer, I can apply legal pressure. I will ask for an advisory opinion from Justice Story in his capacity as Dean of the Harvard Law School. Story might decline, but it is worth trying. Are colored people citizens of this Commonwealth? Story is the most respected Justice on the U.S. Supreme Court. That is what I will do.

What can you do? Write your state senator and state representative. Tell them colored people have the vote. Tell them with the vote comes citizenship. Tell them of the outrage against Scott based on his skin color.

Tell them.

We are on the side of the future. We have the winds of justice behind us and the coming of a better time in front of us. Keep the faith, my brothers in the struggle. Keep the faith!

Loring sat down to spirited applause. James marveled at Loring’s character. He was willing to turn his back on the comforts of his white world so that a colored man could be admitted to the Bar. His steadfastness took James’ breath away. If only blacks had a thousand Lorings in Boston! They could end oppression tomorrow.

Rev. Givens turned his gaze to James. “Would you like to say a few words, James?” “Yes, I would,” James said. James bounded to the sanctuary podium energized by the history of the moment. It was cold outside but the hundreds of bodies inside the church had softened the chill in the air. James thought about the arc of his life on Beacon Hill. A few years ago, he had wanted a life independent of others. Now, his destiny was entwined with his colored brethren:

No one expects an easy life. Life builds our character as we rise to challenges, fair and unfair. It would be a lie if I told you I never thought of death. I think of it every day. David Walker, Theodore Moore Scott, William Babbitt Haynes – all men of courage and resolve, all struck down in the prime of life. How many brothers have fallen victim to prejudice? Hundreds? Thousands? So many have passed away.

James choked up. Memories of his father weeping over the death of David Walker seized him. He grabbed the edges of the podium and squeezed as hard as he could. James needed to do something, anything, to remove his sobbing father from his mind. He looked down and composed himself:

Listen to me. We honor the fallen when we persevere. We pay homage to the departed when we never give up pursuing our goals. Life on Beacon Hill is hard for everybody. We all know the sting of scorn and derision in the streets. I don’t care if you are a fugitive slave or a tailor’s son. Prejudice binds us together. We must all be outlaws against the way things are. If the law says we cannot ride that stage coach, then we must ride that stage coach. If the law says we cannot dine at the Spottswood café, then we must dine at the Spottswood Café. And if the law says colored cannot become lawyers, then we must become lawyers or die trying!

James sat down pleased with what he had said. There was no gain in sugar coating it. The runaway was an outlaw. The Underground conductor was an outlaw. James caught a glimpse of William C. smiling in the front row pew. He knew he had won the fight. James had said they were outlaws, and he would stop at nothing until he became an outlaw lawyer. How many brothers had fallen victim to prejudice? How many?

Rev. Givens said they needed to write State Senator Clay Marshall and State Representative Thurgood Smith. If anyone needed help, members of the Church Sunday School Committee would assist with writing letters. It was easy to forget perhaps half of black people could not read or write their names. “X” was the most popular signature on legal documents in the neighborhood. James turned to Loring and said “You’ve proven yourself a a true friend to our cause tonight.” Loring laughed and replied he had been moved by all James had said. “James, you’re the real hero in all of this. I’m just a lawyer who gave you a job because you deserved it,” said Loring. “In this day and age, common decency makes you a hero,” James said to Loring.

When Rev. Givens closed the meeting, about half of the people approached Givens for the names of Sunday School Committee members. William C. came up to James afterwards with a sly grin on his face.

“Outlaws, huh? Well, I guess an outlaw colored lawyer wouldn’t be a bad thing,” said William C. “But there is a logical puzzle here, James. How does an outlaw become a lawyer sworn to uphold the law?”

“Outlaw until I die,” James said. “Outlaw until I die.”

William C. cocked his head to the right and looked at James. He smiled, as if in silent understanding. “Outlaws until you die,” William C. repeated thoughtfully. “But Loring’s strategy is to change the law, not break it. Can you be both outlaw and advocate? Rebel and petitioner?” Before William C. could say more, James was rushed by a wave of well-wishers seeking legal advice! Loring assured the potential clients that, while James was talented and brilliant, he was not admitted to the Bar and could not render legal advice or counsel. However, Loring would be more than happy to help with any problems they might have. They seemed disappointed, perhaps caught up in the spirit of the evening.

The next day, Loring had James research state law again for clues about the citizenship status of colored people. And again, James had nothing new to report. There was no definitive law on point but strong arguments could be made based on the 1780 state constitution and the right to vote.

While James researched state law on citizenship, Loring drafted a letter to Story. The U.S. Constitution forbade Advisory Opinions and the U.S. Supreme Court was limited to questions of concrete litigation where the issue was ripe. To avoid that knot, Loring addressed his letter to Dean Joseph Story of the Harvard Law School.

“James, what do you think of this letter I am sending to Dean Story?” asked Loring. James read the letter with great interest.

“I fear my relations with Dean Story are not good. He came to my house to tell me Harvard Law School had rejected my application for admission. I did not take it well. I told him to leave my home,” James said.

“I see but Justice Story is such an intellect. He’s not a petty, small man. He will be intrigued by the ambiguity within the law,” said Loring.

“I would hope but he is a man with all of the fears and vanities as any other man,” James said.

Loring mailed the letter to Dean Story across the Charles River in Cambridge. Now, all James could do was wait. While James waited for an opinion from Story, Beacon Hill’s State Senator Clay Marshall had introduced a colored citizenship bill in response to letters from blacks and white abolitionists. The bill was referred to the Judiciary Committee chaired by State Senator Doug Marsh. The allies of Lynch wasted no time in approaching the Chairman about his intentions with the bill. The Chairman was tired of servicing constituents and shared his frustrations with the allies.

“What else could I do?” asked Chairman Marsh.

“We have it on good information the Postmaster General position for Boston will open up in a few weeks. The Senator believes you would be an ideal candidate for the slot. Due to senatorial courtesy, the Senator picks the Postmaster General candidates for Massachusetts. Would you be interested in serving as Postmaster General? The term in office would run for 12 years. There would be no public appearances required. And your salary would be comparable to that of a U.S. Senator,” said the allies.

Chairman Marsh felt as if he were in a dream. All he wanted was to leave his stressful job in the State Senate and do something with more prestige and pay. The offer was heaven-sent. “Of course, I would welcome a chance to serve as the Postmaster General,” answered the Chairman.

The allies were close to sealing the deal.

“Senator Lynch is very interested in the colored citizenship bill introduced by Senator Marshall,” said the allies.

“Yes, I was just reading the bill this morning,” said the Chairman.

“Kill this bill in Committee. Do not hold hearings on the bill,” said the allies.

“And if I kill the bill, what do I get?” asked the Chairman.

“We will have to address you as Postmaster General Doug Marsh,” said the allies.

“Consider it done,” said the Chairman.

As the bill had no ardent champions in the Senate and as Senator Marshall was going through the motions so that he could say he had introduced a bill, the bill died a lonely death in Committee. The Chairman did not lift a finger to schedule hearings. A month later, President John Tyler nominated Chairman Doug Marsh to be the new Postmaster General for Boston. The nomination sailed through the U.S. Senate as Senator Lynch sang Chairman Doug Marshall’s praises. Chairman Marsh gained the job of his dreams while the dreams of colored citizenship remained stillborn.

On the State House of Representatives’ side, the allies faced a greater challenge. State Representative Smith was a genuine friend of the colored people. He wanted equal rights for all under the law. State Representative Smith introduced the colored citizenship bill and lobbied the House Judiciary Committee Chairman Hiram Bruce for hearings. Chairman Bruce represented New Bedford which had a thriving colored population, many of whom were fugitives like Frederick Douglass. Whites were opposed to slavery and sympathetic to the colored plight. Bruce read Smith’s bill and scheduled the measure for hearings. Bruce saw the hearings as a wonderful opportunity for his constituents, including Frederick Douglass, to showcase their advocacy on civil rights. The allies had focused their lobbying on the Senate, so the quick scheduling of hearings by Chairman Bruce on the House side took the allies by surprise.

The day after hearings were scheduled, the allies came for a talk with Chairman Bruce. Unlike Chairman Marsh on the Senate side, Chairman Bruce loved his job. He had a quick wit and a brilliant talent for the law. A graduate of Harvard College and Harvard Law School, Chairman Bruce did not tolerate bullies. He bullied others. And yet Senator Lynch believed in the doctrine of weakness. Every man had a weakness. The trick was to discover a man’s flaw and exploit it. The allies were prepared. They knew exactly what Bruce wanted - and what he feared losing. His written words.