The late 1960s were fascinating years for all of us. I served on the commission which President Johnson appointed? after Robert Kennedy has been assassinated was called the national Commission on the causes and prevention of violence. I let it get it civil rights cases and towns where I wondered whether my life. Was on the line I was president of the college in double ACP in later and Philadelphia or local n-double-acp. and I thought the If I hadn't paid my dues, at least I had shown some type of commitment to the causes of Liberty and equality and justice. by the late 1960s But we've been traumatized for the violence of having lost President Kennedy and Martin Luther King and Robert Kennedy and Malcolm X the shrine Aaron Goodwin in Philadelphia, Mississippi thousands of others who have given their lives. And all of her aspirations to the cause. My day at college campuses were distraught. We've suffered devastating riots and many of our cities and even on some of our college campuses. We endured an amazing number of incidents of violence and property destruction. And doing that are out of the thousands of college students who are committed to the cause of justice and human rights and Improvement of the rights of the week and the poor and the dispossessed. Often felt quite anxious about why the problem had not been solved. I was a black lawyer. and then even as a black judge one would sometimes be almost suspect by many of the so-called campus militants. For after all to reach that point of moderate success. Doesn't one become a part of the establishment. I joined the anti-establishment arrow what could be worse than to be a part of the establishment? How many thought? But rather than study for assistant intellectual inquiry to demonstrate their concerns and to tried to proposed solution. So there were easy symbols such as the Garb they wore was it would be blue jeans or dashikis or large afro. But that wouldn't someway dramatically reveal their commitment. Webstudy inquiry was not necessary. And I recall so well speaking on a well-known college campus which of the experience more intense confrontations. But many others confrontations among students and confrontations between students and faculty and confrontations against the dreaded institution the administration. And after I thought that I had given a thoughtful address maybe even one which was learning. I noted in the audience of one young man. seated in the front with most of his contemporaries and I recalled it throughout the lecture. He was talkin persistently to them making it clear that he did not have time to listen to me his offense marking shaking his head. Seeming to be run dream. Why was he there to listen to all that bull or perhaps more important? Why was I there to speak on such irrelevancies? But one question and answer. Started. He was the first to Spring to his feet. with his fists clenched and thrust upward without being recognized by the moderator. He shot it look here judge. You are a colored man. Or maybe a negro. For those of you who are not black you do not recognize the profound listen to put down in my community. And the expression is this philosophical position is agreed upon by all black people some Negroes in a few color and therefore and his eyes I was struggling for this important identification role. What's the weather out had reached? The status of a negro or whether I was still purely color. He says look here judge your colored man, or maybe a negro. Tell me judge. Can you name any time in my generation or progress has been made without violence? The phrase that differently he continued. Can the revolution? racial Justice and liberty for all ever come about without violence immediately against the establishment I had argued too many hard civil rights cases to be intimidated. Are you still too young for the old? The Ku Klux Klan in Hattiesburg, Mississippi could not scare me an 18 year old with never. And I sympathize with him. I sympathize with the students anger and discontent. Because I too shared his concerns about the failure of our system to give more Justice and equality to the millions of Americans who still are victims of racial and religious and national origin discrimination or sexual discrimination. But instinctively I disagree. What time us to the inference which he was suggesting by his question his suggestion that maybe violence was the only way out. And through my mind. I wanted to give him an example an example which would be clear and almost Beyond debate my said to how Mom. I understand. Your anger and I shared it to. I'll be very interested in knowing what you'll be doing 20 years from now and your old man like me and to Donnelly I saw him not too long ago on Wall Street for three piece suit with one of the major corporations. Not trusting his face forward but reaching his hand in the bank account. But I said to him again. I wonder what you'll be doing them 20 years from now you just the type of position you take then we'll be more important than the rhetoric you give on the front row. But if you want an example this one which to me is so clear. And that is the Brown case for Juno that decision of May 17th 1954 with the United States Supreme Court 9 justices all white. issued an opinion Which change fundamentally? the landscape of America as it had been known since 1896. And I went on to describe the importance of the brown decision. It is a decision of momentous importance. Because I fought for that there would have been no foundation for the 1964 Civil Rights Act. Which deals with public accommodation and discrimination in employment and an educational Institution for the 68 Voting Rights Act the United States Supreme Court, unanimous decision written or authored by that greatest of all justices chief justice Earl. Warren was really the fulcrum. to trigger off a lot of the progress which has taken place though. Obviously, it was not and will not be in Panacea. and after I finish analyzing the Brown case pointing out doctrinal development statistics jobs housing all of the things for which this was the Catalyst. He says I know judge but the Brown case was not part of my generation. And if you had a limited lens. Where you looked upon your generation is only those events which happened in the last five or six or seven years. He was correct. For the brown decision had probably been decided before he got to kindergarten. It was not part of his immediate personal experience. But certainly it wasn't part of his generation. For the impact it had the impact it will continue to her. And thoughts it is. Particularly important to look at this young man. Thousands of home I like him. Do understand the intensity of their dissatisfaction. I think in a real sense their dissatisfaction with the Injustice has of today. Have not been greater than mine. I've been concerned about the steadiness which they will apply like good past the joy of being militant and play. and soft and post-college careers But what was really essential for him? Was to get some type of adequate historic perspective. I'll be events of the last 20 years. So that he could evaluate them and put them in some greater understanding. That's why what you're doing here today. is key and essential For the 25 year. Since Brown this year of 1979. Racial perspective the 25th anniversary of brown is far more significant than the bicentennial which was celebrated in almost every Hamlet throughout America 3 years ago. 4 Brown was one of the three most important cases to ever be decided by the United States Supreme Court in the race relations field. The other two are negative cases in Plessy V Ferguson by Justice Brown. Therefore again, maybe what one should do? Is to look at your theme even deeper. Because the world did not start with brown the progress did not start with brown and the repression did not start with brown. So with the permission of your president, you have been given the opportunity. To talk about the roots of brown. and the roots of boxing for if we understand those I submit we will be able to move more effectively and eradicating the pathologies which are still being spun off. What do I mean about? apology Which is really still being spun off. We have on up to almost today. Looked upon the problems of civil rights. As if we are dealing with the phenomenal. of the elimination of Peyton discrimination You know desegregation. But today for the Next Generation we must move. From a very very different type of mantle from mantle against discrimination to a mantle of what I would call Human Rights implementation. the catch words of eye earlier years we shall overcome or the enforcement of integration policies while important will never be an adequate Panacea too. Many of our nation's most serious social and economic ills for what does it profit us to have integration? If all that we have is integrated unemployment. What does it profit us to have integration or desegregation of Education? If all that we end up with is integrated inferior education. No one seems to enjoy integrated hunger. No one seems to enjoy being the victim of an integrated crime. Violence is there for this generation has to move beyond the brown and the Bucking and no one seemed to me to understand the dream more clearly and to articulate it more precisely than Martin Luther King. And what is that dream? And what is that reality which you and Ian all Americans? Who care when who believe in Justice must have shortly before his death? Martin Luther King said I have the audacity to believe. the people everywhere Can have three meals a day for their bodies? Education and culture for their minds and dignity equality and freedom for their spirits. That is the level on which we must move. But in order to move towards that Fuller human rights implementation. Let us go back to pursue them to look at the roots at the roots of brown. I don't know how many of you have ever had. The pleasure of reading. The Rector is the Brown case was being argued as you know, it was argued before The Supreme Court three times, but for me the most traumatic day was on December 8th 1953 when started Marshall was arguing before the court. Cuz that time he was being peppered by questions for many of the Supreme Court Justices, but particularly by Mr. Justice Frankfurter. Justice Frankfurter son of Harvard enjoyed the Socratic method there times when those who had the pleasure of rain in the cart wondered whether he was more concerned about proving that he was smarter than cancel that he was in trying to get a handle on the solution of an intricate problem. I'm doing the time of the argument. One of the questions had was know what was the historical intent of the 14th Amendment. And Justice Frankfurter was asking. Mr. Marshall Law. How do you put in contact with Charles Sumner of Massachusetts said how do you put in contacts with bang him from said that he was going down the list questioning on the legislative history at one moment Thurgood Marshall paused looking at Mr. Justice Frankfurter deadly. I he asked what many believe was the most important question which the court had to Grapple with that which cannot be solved by merely looking at what some great Senator had said a hundred years ago. He said it was for Justice Frankfurter and in my book and the very very first chapter in the very first line I quoted because I believe that it is. The most important message which America has to Grapple with in order to understand Brown Baki and all of their roots. Looking at the Justice. He said why? Of all the multitudinous groups of people in this country. Do you have to single out Negroes and give them this separate treatment? Let me repeat it to you ladies and gentlemen, why of all the multitudinous groups of people in this country? Do you have to single out Negroes and give them this supper treatment for that is the fundamental question of race relations? White people. I'm confident. Can handle hose and pics as I came out from the airport here. I noticed your beautiful farms and I am not persuaded by a preponderance of the evidence. The whites could not have picked cotton whites could not have plug tobacco. Otherwise could not have planted and pick rice. There's only one group In America, which is exposed to force labor. Get to slavery for more of them. Tucson trees and why what Thurgood Marshall was saying to the court made, please the card haven't we suffered enough? Haven't we solely in the matter of color not for any crimes are committed not for anything we've done. Haven't we been punished long enough? Are you going to say Mr. Justice Frankfurter chief? Justice one, Mr. Justice Reed was Justice Douglas having fought Hitler. having fought a world for the Four Freedoms those songs and those children of those who have gone and given their lives to prove that Hitler was wrong. Put an America under our constitution. thought horrible example racism could be perpetuated. Supreme Court said it's decree no longer. But the question becomes how did we get that way? Why did we get? And if you look at the problem from through different lens. You come. To see America in a very different fashion. There's a story told. I don't know whether it is true. supposedly in Vermont in Vermont and a juvenile court where a judge Had a huge picture of George Washington and back of him and this beautiful panel courtroom. I'm in this courtroom when juveniles were coming for him. He would ask two questions. The first one was who is this man in back of me? if I was Juvenile responded is George, Washington? Why he would say well at least he's bright and maybe he's more mean about 4. the reasoning process of probation and then He would say, what was George Washington most famous for? But young people are often so much more savvy than their elders. They know how to manipulate their Elders better than their Elders can manipulate them. So the young people in Vermont who had been involved and difficulties knew the answer. He never told a lie your honor Tennessee offense was minor in if the kid was bright. And if he knew George Washington ever told a lie, the judge thought that maybe there was some moral character or virtue, which this kid recognize to be important. And put them on probation. The game work while until a black lab came. And when the lad who is there for a trivial offence or mine on one at least? That's who is this man in back of me? He said George Washington first president of our nation judge was sort of crowd because some of them didn't go on to say the first president. Had he had his pain out and he was ready to write probation. His anyone who had answered the first always Part II. And he said and what was George Washington most famous for Salat paused and looked at the floor? Detroit to do the kitten out her time everyone knew what he was most famous for. What was George Washington most famous for George, Washington? Father of our country was most famous for owning slaves. It does ladies and gentlemen. It depends a great deal on how you look at our America. some of you may look upon George Washington for his Fame and crossing the Delaware the victories he had in Valley Forge. And then others may consider that the most important fact he did. was strong slaves and it is that phenomenon which is involved. And all the preceding events and brown and it is for that reason with you must go all the way back. to look to look again at our forefathers in a very very different way. Not to denigrate them. But to perhaps look upon them. Through a separate lens once in awhile. To try to get a Fuller and more accurate perspective. I use the words for fathers purposely because we had no for mothers of this country and the absence of 4 mother's is a profound omission of the society anyone who has read the letters which Abigail Adams wrote to John and Philadelphia as he was working the Declaration of Independence. will know but she said John, you know how I feel about slavery. and if there had been in 1776 several women who had the commitment of Abigail Adams Orphan, 1787 with the Constitutional Convention took place if it's been for mothers who had her commitment. Maybe there may not have been a necessity for brown for parking. But let's try to put the roots in proper perspective. Videos of the expression of one of our former presidents. Let me make one thing perfectly clear. And clear I would like for this to be. I consider Thomas Jefferson to been an extraordinary statement in this era. giving a philosopher an architect a poet almost a writer even a lawyer and I've always been impressed. What's the amount of work which is been done on Thomas Jefferson whenever you've seen Malone's Dumas Malone six volumes or maybe 7 on Thomas Jefferson and many of the other classic studies. and in the process of doing this research on Thomas Jefferson, one of the big debates always has to be Who wrote what? the Declaration of Independence Was this written by the committee of five did Benjamin Franklin make put happiness in I was at Adams and how did they try to using modern science determine who did what at least they have? Blown up these huge exemplars of the original document and handwriting experts to see whether the insert was in Jefferson's hand or the insert was an Adam's hand insert was in Franklin's hand. The site for the 15 years. I was working on my book looked over all of these things. I came across something else and Thomas Jefferson's handwriting and let me read it to you and ask you how do you put that in perspective in terms of the roots of brown and barking? Run away from the subscriber in Arbor mall. A mulatto slave called Sandy about 35 years of age and stature is rather low inclining to corpulence. You see Thomas Jefferson was such a magnificent Rider even when publishing a slave advertisement. He didn't say he was fat inclining to corpulence even enslave advertisement is extraordinary style came through His complexion light is a Shoemaker by trade it goes on and Jeffersonian passion to describe. so clearly Sandy and the ends up by saying whoever conveys the said slave to me and have them all she'll have forty Shillings reward if taken up within the county. 4 lb of Elsewhere within the colony And 10 lb if in any other color. I let us put this extraordinary advertisement of Thomas Jefferson Declaration of Independence might make those magnificent Expressions to all mankind. Fundamental question we have to deal with it. How is it that individuals who wear as profound as Jefferson as Brave as George, Washington? Eloquent is Patrick Henry? Could treat one group. but people with such special harshness solely because of the difference in the color of their skin. Because the language of the Lost Shields one's Consciousness from direct involvement with the Stark fight of its victims the human tragedy of the slavery system seldom surfaces from the mere reading of cases or statutes or constitutional Provisions or even history books. It's always been fascinating for me. To go to some of the old plantation touchet been preserved. We're guides take you around and they show you and they say those were servants quarters servants quarters. Can't we face up to the fact at least two hundred years later, but these people want servants. They couldn't walk out. I could be sold the children could be solved. Therefore we have become the victims. almost masking from our vision the cruelty which was imposed. And if I was working on the book job. I gave a your luck Joseph Margaret Mead than superb Anthropologist in on the grand persons in the world. We were in Bucharest on 9th and I was telling her about my problem is a gale trained lawyer for the whereas is that their fours. Sync to be meaningful, but how they blow one's perspective really dropping the fact that you're dealing with Sandy or Mary or Harry. When do vegetables? Cuz names never rise to the surface when they're sold his property. She said to me something, which I shall never forget. the best way to convey it Is to use the advertisements to use the newspapers if you were to look at today's newspaper, you would know that there's a help. If you were to look at today's newspaper, you would know that there are Chevrolets and Fords and tractors and many others because the products which are being sold and are. Community has their advertised speak so dramatically in terms of the volumes of the society know what is good on the market. What is it that people want to buy? And I started to feel for look not milia statutes. But you look at advertisements and I went through thousands. Let me read to you two advertisements, which I assure you are typical of thousands others, which you can retrieve. 120 Negros for sale the subscribers just arrived from Petersburg Virginia with 120 likely young Negroes of both sexes and every description which he offers for sale on the most reasonable terms. The lot now and hand consists of plowboys several likely and well-qualified house Servants of both sexes several women and children. Small girls suitable for nurses and and large huge bold print several small boys without their mothers. Planters and Traders are unjustly requested to give the subscriber a called previously to making purchases elsewhere as he's an able to sell this cheaper cheaper than can be sold by any other person in the trade Hamburg, South Carolina Benjamin Davis. Let me read to you. What other advertisement this one from New Orleans? Negroes for sale a negro woman 24 years of age and her two children 1/8 And the other three years old. Set Negroes will be sold separately or together as design. The woman is a good seamstress. she will be sold low for cash or exchange for groceries for trying to apply to Matthew Bliss and Company one front leaving. How how grow legal system in charge and sanctioned such cruelty that permitted the sale. Has Benjamin Davis bribed? I'm simple small boys without their mothers. And the Very fact that you look at that advertisement and you see the insert several small boys without their mothers. It says a lot about the society because it seems to be saying that these small boys are more valuable to you mister purchaser because they have no mother. It's like someone sells a car. I've never seen anyone who selling a car and says this car does not have air conditioning U-Save car with air conditioning and power steering and that indicated it has some extra value. Therefore in this nation the nation of Hamilton and Franklin and Jefferson and Washington sanction system where several small boys to be sold without their mothers. At a profit of it perhaps was better. Then I could go on and say what what does it mean for society to say that a mother who likes Sandy I committed no crime. She had borne a child. Hopefully in God's image. into this world and her children could be snatched away from her just as one chops down a tree. or stamps on grass lost forever in exchange for groceries and it is that problem with constitutes the roots of brown and Bucky where there had to be a brown precision and we must understand that. I must confess to you. Ladies and gentlemen. Probably because I was not the beneficiary of her Carleton college education. I had produced Antioch and the DL. have not fully grappled with understanding all of the profound implications of the American legal process not even in law school. Not even when I was litigating civil rights cases. UC Volume was born in Trenton, New Jersey. I always thought that I live in a neighborhood. I still believe that I lived in the neighborhood and was until I got to yell where I heard him. Sociologist talkin about class stratification upper class middle class lower class lower class. And is he described all of the components for the first time? I thought I recognized that I was lower class to describe the ghetto. And I for the first time started to recognize that I had been raised in the ghetto. It always perceived as having been raised in the neighborhood with a mother whose or domestic and a father whose of a laborer loved me and cared about me and believed that you work hard. You've got a shot at it. I'll tell you what we did in the ghetto ladies and gentlemen on Saturday. We would go to see the cowboy and Indian movies of the State Street Theater for a dime. I never ate Saturday. We left the State Street Theater after having seen the cowboy and Indian movies mad at home. The Indians why because of their cruelty and then we went back to my neighborhood or the ghetto whatever you wish to call it and we act it out. Thrall, and we played Cowboys and Indians and if you were as big as I you were always the cowboy. The shorter ones were always the Indians. Then when I started to do serious research on this book and every spare chance, I got when I was in Washington I go to the Library of Congress. Might start to go through the volumes. Despite what some of the law journals of said and my book was fortunate enough to receive the Civil gavel award by the American Bar Association with you supposed to be the equivalent to the Pulitzer of the legal field them when they were giving me the award that was talking about my great methodology and they went on to describe. Let me tell you what higginbotham's break methodology was. If you want to understand something about Colonial slavery, there's no end X. Call privileges and immunities for justice for slaves. Or equal protection for slaves. I'll tell you what higginbotham's great-great methodology was it was an example to take the 25 volumes of the colonial records of Georgia? You going to that room and Turn the Page by Page by Page? Then one day going over the colonial records of George VI recalled. Reading about a statute on Rewards. Well rewards are as American as cherry pie. Rewards are great. GoodRx for Good Deeds Everyone's entitled to rewards but then as I started to read these Colonial records on, Georgia I saw they were giving rewards for scalp a scalp. Obviously some wild animal and an ear even more so some well. Cuz I read over the colonial records of Georgia. I saw the statutes which provided. Well Ward's for the scalp and ears. of runaway slaves And if they were found south of the Savannah River the rewards were doubled and if you brought back only the scalp you got so much but you brought back both the scalp and the ears the reward was. Cuz I went through Reading those Colonial records. It was almost like a mystical experience. Leon Higginbotham boy from the ghetto Michelin by film directors on cowboy and Indian movies not taught in law school about the colonial records of, Georgia. That is just really extraordinary. In terms of what are the routes? Brown and Foxy Because ladies enjoy all the pain. I will be the first to concede. The many groups have sustained Injustice in America. How many groups of? face discrimination But I asked you to point to any group in this country. Which is white. Mother Italian and Irish Scandinavian. You name it? Where are the several small boys could be sold with or without their mothers? We're scouts and ears. could be paid for from the revenue of this country with all the ones dare to dream for hello freedom. and Liberty which Jefferson spoke up? So the problem with which you're dealing with the symposium. It's really not from brown to Baki. Though it is clearly appropriate to isolate that. this from August 16-19 when R off the recorder of Virginia make the first entry. 120 neggers n e g a r s Came to Jamestown, Virginia. The problem with your dealing with Lissa poziom is the question which started Marshall last why why have all the multitude of groups of people in this country? Do you have to single out Negroes and give them a separate treatment? the problem with your dealing with this Symposium is that Are we not today suffering the consequence? Of a level of Destruction and cruelty sanctioned by the Constitution tolerated by the laws that encouraged by the Marines. And can we art? As if that is not part of our history. to those of you For here at this great University. I submit to you. problem the woman Has lost her child in exchange for groceries. It's not that not enough people had read Plato. The problem of several small boys will be sold without their mothers. It's not that we were not Advanced enough and integral calculus. What do we do not know enough about the desk chlorination of chlortetracycline? The problem then. the problem now it's a question of values. And do we care about people who may look differently or who may be differently? And are we willing? 2 according to them the full panoply of human dignity and in order to do that. Maybe one has to look to the poets. More so than even the lawyers. And I will close. What's the message which has meant a lot to me and hopefully is relevant to you. Of Langston Hughes a moving black poet something. He called the dream of freedom. It goes there's a dream in the land. With its back against the wall. Buy metal names and strange. Sometimes the dream is called. There are those who claim the stream for theirs alone. A sin for which we know they must have tone. I like Sheridan, in like sunlight in like air. The dream will die for lack of substance anywhere. The beam knows no Frontier or tongue the dream no class or race. The dream cannot be kept secure and anyone lock place. This dream today in bottled. With its back against the wall. to save the dream for 1 it must be safe for all.