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Duty to the Race

African American Fraternal Orders and the Legal Defense of the Right to Organize

Published online by Cambridge University Press:  04 January 2016

Extract

In 1904, leaders of three major white fraternal orders launched a nationally coordinated legislative and legal campaign to force their black counterparts out of existence, a struggle that spread to atleast 29 states and culminated in victories for the African American groups before the U.S. Supreme Court in 1912 and 1929. The organizational structures of the black orders, usually consisting of a tripartite system of local, state, and national lodges, were critical in this successful defense of the legal right to form and operate fraternal organizations. These structures enabled fraternal members and leaders to turn local disputes into national ones, devise strategies based on the interplay of different levels of government, and sustain a discourse that facilitated internal mobilization and minimized external opposition. While most scholarship on resistance to Jim Crow has focused on local activism, the defense mounted by these orders facilitated the development of sophisticated, nationwide networks binding together local fraternal leaders and African American lawyers. These networks became a critical venue for the development of oppositional traditions, organizational infrastructures, and leadership ties that kept resistance alive under Jim Crow and laid the building blocks for future political and civil rights-related work. In particular, these fraternal lawyers, a number of whom went on to work for the NAACP, honed skills in these trials that were also central to the NAACP’s legal strategy, especially in learning to tailor cases to achieve federal hearings.

Type
Articles
Copyright
Copyright © Social Science History Association 2004 

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References

Atlanta Independent (1906a) “To put the Negro Knights of Pythias out of business.” 30 June.Google Scholar
Atlanta Independent (1906b) “Grand Lodge K. of P. meets next Tuesday in Macon.” 7 July.Google Scholar
Atlanta Independent (1906c) “Negro ‘Knights’ may keep the name of secret order.” Reprint from Atlanta Georgian. 15 December.Google Scholar
Atlanta Independent (1907a) Anonymous letter from a member of the African American Odd Fellows in Early County. Reprint. 28 December.Google Scholar
Atlanta Independent (1907b) “Dynamiting Negro lodge halls and churches.” 28 December.Google Scholar
Atlanta Independent (1907c) “Georgia whites object to Negroes having secret societies.” Reprint from New York Sun. 28 December.Google Scholar
Atlanta Independent (1908a) “Negro Pythians lose in court; Order declared fraud by superior court jury.” Reprint from Atlanta Constitution. 30 May.Google Scholar
Atlanta Independent (1908b) “Our defeat temporary.” 30 May.Google Scholar
Atlanta Independent (1908c) “Secret societies and the law.” 13 June.Google Scholar
Atlanta Independent (1908d) “The Knights of Pythias status in the state.” 1 August.Google Scholar
Atlanta Independent (1909a) “Will this suicidal policy help the Pythians?” 23 January.Google Scholar
Atlanta Independent (1909b) “Our secret orders must be saved.” 3 July.Google Scholar
Atlanta Independent (1909c) “Our friendly societies.” 7 August.Google Scholar
Atlanta Independent (1909d) “Governor Brown signs secret order bill.” Reprint from Atlanta Constitution. 21 August.Google Scholar
Atlanta Independent (1909e) “Supreme Lodge v. Creswill.” 4 September.Google Scholar
Atlanta Independent (1909f) “We have fallen on bad ways.” Reprint from Macon Telegraph. 4 September.Google Scholar
Atlanta Independent (1909g) “Supreme Lodge emergency fund.” 6 November.Google Scholar
Atlanta Independent (1909h) “The Negro K. of P. in Georgia.” 13 November.Google Scholar
Atlanta Independent (1909i) “Ancient order Knights of Damon.” 4 December.Google Scholar
Atlanta Independent (1909j) “The Knights of Damon.” 4 December.Google Scholar
Atlanta Independent (1910a) “Governor begins investigation of reported strife; Situation akin to ‘night riding’ alleged to prevail in Columbia County.” Reprint from the Georgian. 5 February.Google Scholar
Atlanta Independent (1910b) “Night riders in Georgia.” 5 February.Google Scholar
Atlanta Independent (1910c) “The colored Pythians lose.” 26 February.Google Scholar
Atlanta Independent (1910d) “Atlanta happenings.” 15 March.Google Scholar
Atlanta Independent (1911) “Lest we forget.” 2 December.Google Scholar
Atlanta Independent (1912a) “Free speech in Georgia.” 27 January.Google Scholar
Atlanta Independent (1912b) “Taft judges all right and the Order of K. of P. lives.” 15 June.Google Scholar
Atlanta Independent (1912c) “Negro secret societies.” Reprint from Macon Telegraph. 6 July.Google Scholar
Atlanta Independent (1927a) “Elks Grand Lodge will meet in New York City; Injunction is suspended.” 28 July.Google Scholar
Atlanta Independent (1927b) “Injunction against Elks in New York permanently vacated.” 4 August.Google Scholar
Beito, David T. (2000) From Mutual Aid to the Welfare State: Fraternal Societies and Social Services, 1890-1967. Chapel Hill: University of North Carolina Press.Google Scholar
Boris, Joseph J., ed. (1927) Who’s Who in Colored America: A Biographical Dictionary of Notable Living Persons of Negro Descent Living in America. Vol. 1. New York: Who’s Who in Colored America Corp. Google Scholar
Brooks, Charles H. (1971 [1902]) The Official History and Manual of the Grand United Order of Odd Fellows in America. New York: Books for Libraries Free Press.Google Scholar
Brown, Elsa Barkley (1989) “Womanist consciousness: Maggie Lena Walker and the Independent Order of Saint Luke.” Signs 14:610–33.Google Scholar
Burroughs, Erika Lynise (1996) “Robert Williams Saunders and a memoir of the Civil Rights movement in Florida.”Master’s thesis, University of South Florida.Google Scholar
Carle, Susan D. (2002) “Race, class, and legal ethics in the early NAACP (1910-1920).” Law and History Review 20:97–146.Google Scholar
Dickerson, Charles Edward (1981) “The Benevolent and Protective Order of Elks and the Improved Benevolent and Protective Order of Elks of the World: A comparative study of Euro-American and Afro-American secret societies.” Ph.D. diss., University of Rochester.Google Scholar
Ellis, Charles Edward (1910) An Authentic History of the Benevolent and Protective Order of Elks. Chicago: Self-published.Google Scholar
Fahey, David M. (1994) The Black Lodge in White America: “True Reformer Browne” and His Economic Strategy. Dayton, OH: Wright State University Press.Google Scholar
Ganz, Marshall (2000) “Resources and resourcefulness: Strategic capacity and the unionization of California agriculture.” American Journal of Sociology 105: 1003–62.Google Scholar
Ganz, Marshall (2001) “The power of story in social movements.” Working paper. Cambridge, MA: Kennedy School of Government, Harvard University.Google Scholar
Gilmore, Glenda (1996) Gender and Jim Crow: Women and the Politics of White Supremacy in North Carolina, 1896-1920. Chapel Hill: University of North Carolina Press.Google Scholar
Green, Suzanne Ellery (1979) “Black Republicans on the Baltimore City Council, 1890-1931.” Maryland Historical Magazine 74:203–22.Google Scholar
Grimshaw, William H. (1969 [1903]) The Official History of Freemasonry among Colored People in America. New York: Negro Universities Press.Google Scholar
Horowitz, Morton (1992) The Transformation of American Law, 1870-1960: The Crisis of Legal Orthodoxy. New York: Oxford University Press.Google Scholar
Hunter, Tera W. (1997) To ‘Joy My Freedom: Southern Black Women’s Lives after the Civil War. Cambridge: Harvard University Press.Google Scholar
Independent Order of Odd Fellows (1909) The Constitution and By-Laws of Victory Lodge No. 11. Machias, ME: Union Republican Press.Google Scholar
Kelley, Robin (1993) “‘We are not what we seem’: Rethinking black working class opposition in the Jim Crow South.”Journal of American History 80:75–112.Google Scholar
Kelley, Robin (1994) Race Rebels: Culture, Politics, and the Black Working Class. New York: Free Press.Google Scholar
Kennedy, Randall (1986) “Race relations, law, and the tradition of celebration: The case of Professor Schmidt.”Columbia Law Review 86:1622–61.Google Scholar
Knights of Pythias (1885) Knights of Pythias of Maine, Grand and Subordinate Constitutions. Portland, ME: William M. Marks.Google Scholar
Korstad, Robert, and Lichtenstein, Nelson (1988)“ Opportunities lost and found: Labor, radicals, and the early Civil Rights movement.” Journal of American History 75: 786–811.Google Scholar
Mack, Kenneth W. (2002) “A social history of everyday practice: Sadie T. M. Alexander and the incorporation of black women into the American legal profession, 1925-1960.” Cornell Law Review 87:1405–75.Google Scholar
Mansbridge, Jane (1986) Why We Lost the ERA. Chicago: University of Chicago Press.Google Scholar
Mather, Frank Lincoln, ed. (1915) Who’s Who of the Colored Race: A General Biographical Dictionary of Men and Women of African Descent. Vol. 1. Chicago: Memento Edition.Google Scholar
McAdam, Doug (1982) Political Process and the Development of Black Insurgency, 1930-1970. Chicago: University of Chicago Press.Google Scholar
McCarthy, John D., and Zald, Meyer N. (1982) “Resource mobilization and social movements: A spatial theory.”American Journal of Sociology 82:1212–41.Google Scholar
Meier, August, and Elliot, Rudwick (1976)“Attorneys black and white: A case study of race relations within the NAACP.” Journal of American History 62: 913–46.Google Scholar
Mohr, Clarence (2001) On the Threshold of Freedom: Masters and Slaves in Civil War Georgia. Baton Rouge: Louisiana State University Press.Google Scholar
Morris, Aldon (1984) The Origins of the Civil Rights Movement: Black Communities Organizing for Change. New York: Free Press.Google Scholar
Muraskin, William A. (1975) Middle-Class Blacks in a White Society: Prince Hall Freemasonry in America. Berkeley: University of California Press.Google Scholar
Nicholson, James R., Donaldson, Lee A., and Dobson, Raymond C. (1969 [1953]) History of the Order of Elks. Chicago: Grand Secretary’s Office of the Benevolent and Protective Order of Elks.Google Scholar
Perrow, Charles (1986 [1972]) Complex Organizations. New York: McGraw Hill.Google Scholar
Rachleff, Peter (1984) Black Labor in the South: Richmond, Virginia, 1865-1890. Philadelphia, PA: Temple University Press.Google Scholar
Salvatore, Nick (1996) We All Got History: The Memory Books of Amos Webber. New York: Times Books.Google Scholar
Schattschneider, E. E. (1975 [1960]) The Semi-Sovereign People. San Diego, CA: Harcourt, Brace, and Jovanovich.Google Scholar
Schmidt, Benno (1982) “Principle and prejudice: The Supreme Court and race in the Progressive Era. Part 1, The heyday of Jim Crow.” Columbia Law Review 82:444–524.Google Scholar
Skocpol, Theda (1992) Protecting Soldiers and Mothers: The Political Origins of Social Policy in the United States. Cambridge: Harvard University Press.Google Scholar
Smith, J. Clay Jr., (1993) Emancipation: The Making of the Black Lawyer, 1844-1944. Philadelphia: University of Pennsylvania Press.Google Scholar
Trachtenberg, Alan (1982) The Incorporation of America: Society and Culture in the Gilded Age. New York: Hill and Wang.Google Scholar
Traugott, Mark (1985) Armies of the Poor: Determinants of Working-Class Participation in the Parisian Insurrection of June 1848. Princeton, NJ: Princeton University Press.Google Scholar
Trotter, Joe William (1990) Coal, Class, and Color: Blacks in Southern West Virginia, 1915-32. Urbana and Chicago: University of Illinois Press.Google Scholar
Walkes, Joseph A. (1993) History of the Shrine, Ancient Egyptian Arabic Order of the Nobles of the Mystic Shrine, Inc., Prince Hall Affiliated: A Pillar of Black Society. Detroit, MI: Ancient Egyptian Arabic Order of the Nobles of the Mystic Shrine of North and South America and Its Jurisdictions.Google Scholar
Walkes, Joseph A. (1998) History of the United Supreme Council Ancient Accepted Scottish Rite of Freemasonry, Prince Hall Affiliation, Northern Jurisdiction, U.S.A., Inc., 1881-1998. Philadelphia, PA: United Supreme Council.Google Scholar
Weber, Max (1979 [1968]) Economy and Society: An Outline of Interpretive Sociology. Roth, Guenther and Wittich, Claus (eds.) Berkeley: University of California Press.Google Scholar
Wesley, Charles H. (1955) History of the Improved Benevolent and Protective Order of Elks of the World, 1898-1954. Washington, DC: Association for the Study of Negro Life and History.Google Scholar
Williams, E. A., Green, S. W., and Jones, Joseph L. (1917) History and Manual of the Colored Knights of Pythias. Nashville, TN: National Baptist Publishing.Google Scholar