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Authors: Howard Zinn

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The few things that the national government
did
do in Albany give a clue to the boundaries it has drawn for itself in the field of civil rights. It went into a frantic day of telephone calls when Martin Luther King, Jr., was jailed in Albany; King, of course, is a politically important symbol. President Kennedy, in answer to questions on Albany at two different press conferences, made two statements. In one, he criticized Albany officials for refusing to negotiate with Negroes; in the other, he denounced the burning of Negro churches that had been used for voterregistration activities in the Albany area. The President's plea for negotiation, like his careful speech on the eve of Meredith's registration at Ole Miss, carefully skirted the moral issue of racial equality and stuck to procedural questions: the law, negotiation. The President has still not followed the advice of his own Civil Rights Commission to give "moral leadership" and to use "education and persuasion." His statement on churchburning covered two points on which the Administration is especially sensitive: its antipathy to nationally publicized violence and its careful defense of voter-registration activity.

There is a plausible legal argument to the effect that voting rights are protected by specific legislation (the Civil Rights Acts of 1957 and 1960), while the First Amendment rights of free speech, assembly, etc., and the Fourteenth Amendment right to color-blind treatment by local officials, are not. However, a national administration less timorous than the present one could find solid legal sanction for the widespread use of injunctions to protect free assembly and to attack legal segregation. In the
Debs
case of 1895, the Supreme Court supported the issuance of injunctions without specific statutory basis, saying: "Every government has a right to apply to its own courts in matters which the Constitution has entrusted to the care of the national government." This ruling has never been overturned.

A truly bold national administration might do the following: (1) prosecute vigorously, under Sec. 242, violations of Negro rights by local officers; (2) create a corps of special agents-not encumbered, as is the FBI, by intimate relations with local police officers—to prevent, as well as to investigate, violations of constitutional rights; (3) use the power of injunction freely, both to prevent policemen from curtailing the right of assembly and petition and to break down legal enforcement of segregation; (4) tell the South and the nation frankly that racial discrimination is morally wrong as well as illegal, and that the nation intends to wipe it out.

At this moment, because of the limitations that the Administration has imposed upon itself, there is a vast no-man's-land for American Negroes into which they are invited by the Constitution, but where federal authority will not protect them. It was into this no-man'sland that the Negro population of Albany ventured, and found itself deserted. The future may bring one or two more Oxfords, but there are a hundred potential Albanys. Throughout the Deep South, Negroes are on the move towards dangerous territory. And so far, though these men, women and children live in a nation whose power encircles the globe and reaches into space, they are very much on their own.

6

A
LABAMA:

F
REEDOM
D
AY IN
S
ELMA

The black young men and women who staged the sit-ins all over the South in early 1960 got together that Spring to form the Student Nonviolent Coordinating Committee (SNCC—to be known as Snick). Their spiritual and intellectual guide in this was an extraordinary black woman named Ella Baker, who had been a long-time activist in Harlem, an organizer for the NAACP, and aide to Martin Luther King. I was asked to join her in being an "adult advisor" to SNCC, serving on its executive committee. In October of 1963, SNCC decided to tackle one of the most dangerous of jobs, to register black voters in Dallas County, Alabama, by bringing hundreds of them into the county seat, the small city of Selma, for "Freedom Day." I went along as participant-writer, and then wrote an angry article for
The New Republic
(later enlarged as a chapter in my book
SNCC: The New Abolitionists)
, and what follows this introduction is that chapter. I pointed to the failure of federal officials on the scene to prevent police brutality against SNCC workers helping people with voter registration. My article led to a sharp exchange with Burke Marshall, head of the Civil Rights Division of the Department of Justice, who insisted the federal government did not have the power to intercede. Shortly after this, he wrote a small book defending his thesis, and when I read a review of it in a major law journal I was happy to see his ideas demolished by Richard Wasserstrom, one of the Department of Justice lawyers who had been on the scene in Selma that day. Wasserstrom corroborated what I had found: that statutes going far back in the history of the nation gave the federal government clear power to enforce constitutional rights when local officials failed to do so.

On the night of June 11, 1963, the Rev. Bernard Lafayette, ready to park at his home, was approached by a man who told him that his car had stalled across the street and he needed a push. "How much will you charge me for a push?" the man asked. "Nothing," replied Lafayette, and lined up his car behind the other one. It was a scene that has taken place a thousand times in a thousand American towns. But this was different: the town was Selma, Alabama; Bernard Lafayette was a former Freedom Rider and a field secretary for SNCC; the man asking for help was white. When Lafayette bent to see if the bumpers matched, he was clubbed on the head, and he fell to the pavement, blood spurting over his clothes. Then he was hit twice more on the head, and the man drove off. He got to a doctor, who sewed up his wound with six stitches, and the next day he was back at his job, registering voters in Selma.

Selma has an unreal air about it. It is as if a movie producer had reconstructed a pre-Civil War Southern town—decaying buildings, the muddy streets, the little cafes, and the huge red brick Hotel Albert, modelled after a medieval Venetian palace. A mule draws a wagonload of cotton down the street. But cotton is just hanging on. At one time, 627,000 acres in the area grew cotton. Now it's down to 27,000 acres.

You walk into the Silver Moon Cafe. On the shelves facing you there are bottles of whiskey and boxes of corn flakes. At your feet, running the length of the counter, is a tin channel spittoon. Past a swinging door you can make out the murky interior of the Negro section of the cafe. In the white section, in a booth, sits a Mexican family, eating in silence (eighty-five Mexicans were brought in this year to pick cotton; they pick more cotton for less money than Negroes do, say the local whites). Two women sit at a table, drinking beer, looking up to curse the strangers sitting at the counter. You recall what
Newsweek
writer Karl Fleming was told in another Alabama city: "We killed two-year-old Indian babes to get this country, and you want to give it to the niggers."

Selma was a slave market before the Civil War. In one three-story house, still standing, four or five hundred Negroes were kept at one time to be exhibited and sold. The town became a military depot for the Confederacy. At the turn of the century, it was a lynching town. By the 1950s the lynching had stopped, but the threat of it remained. Selma became the birthplace of the Citizens Council in Alabama, wrapped tight in the rules of race.

A little south of the geographic center of Alabama, Selma is about fifty miles due west of Montgomery, and downstream from it on the Alabama River. It is the seat of Dallas County, where, in 1961, 57 percent of the population was Negro, but only about 1 percent of the eligible Negroes were registered to vote, while 64 percent of the eligible whites were registered. The median income for Negroes is about $28 a week. With several new government buildings in the center of town, Selma has a trace of the twentieth century; but beyond it the Alabama countryside is an unpenetrated social jungle. In neighboring Wilcox County, for instance, where Negroes are 78 percent of the population, not one of them is registered to vote; their median income is about $20 a week.

Bruce Boynton is a Negro attorney, now in Chattanooga, who grew up in Selma. (His mother, Mrs. Amelia Boynton, still lives there, a rock to whom the new freedom movement is anchored, a 1964 candidate for the U.S. Senate.) Mr. Boynton says:

A Negro boy growing up in Selma lives a life that other Americans cannot easily understand. When he wakes up in the morning he looks outside the window and it is dusty, hot, wet, the street mired in mud. He is aware that his mother is away all the time, at work. He is aware of the jobs his mother and father have, how little they make, how much more the white folks make. Coming home from school he sees the sign on the bus directing him to the back. One of his first ideas is: I must get out of this town.

In February of 1963, Bernard Lafayette and his wife Colia came to Selma to begin a voter registration drive for SNCC. It was slow, hard going, One of the first consequences was that thirty-two schoolteachers who tried to register to vote were fired. Arrests mounted, for minor or imaginary traffic offenses, for picketing at the county courthouse, for simply being seen downtown or riding in an automobile. Worth Long, a SNCC man, was beaten by a deputy sheriff in the county jail. John Lewis was arrested for leading a picket line at the courthouse. A nineteen-year old girl was knocked off a stool in a store and prodded with a electric pole as she lay on the floor unconscious.

Between September 15 and October 2, 1963, over three hundred people were arrested in Selma in connection with voter registration activities. The Federal government filed suit, but its mild efforts left the constitutional liberties of Selma citizens in the hands of Sheriff Jim Clark. Clark augmented his regular force of deputies with several hundred ordinary citizens, armed them with clubs and cattle prods, and stated that he was convinced that all this voting activity was part of a world communist conspiracy. In May, when Jim Forman came to Selma to address the first mass meeting at the Tabernacle Baptist Church, the posse surrounded the church. Those inside waited, long after the meeting was over, until they felt it safe to go home.

"Do you know any white man in Selma—just one even—who is sympathetic with your cause?" I asked three young Selma fellows as we talked in Mrs. Boynton's home. "Not one," they said. "Well, maybe one," one of them added. There was a Jewish storekeeper for whom his mother worked, and the man would sit and talk with the boy in the back of the store, telling him, "Keep up the good work." Later that night, I saw a list of Citizens Council members who signed a proclamation in the local paper; the storekeeper's name was near the top of the list. There are over a hundred Jews in Selma, many of them businessmen, many of them— through conviction or through fear—members of the Citizens Council.

The only white man who openly helped the Negro movement was Father Maurice Ouillet, a thirty-seven-year old Catholic priest in charge of St. Edmonds Mission in Selma. Father Ouillet was called in once by a group of white leaders of the city and advised to leave town for his own protection, told he might be killed. He received abusive phone calls. Once, he told
Texas Observer
editor Ronnie Dugger, as he visited demonstrators at the jail, someone called him an "adjective, adjective nigger-lover."

With John Lewis and seven others still in jail in October, 1963, with Sheriff Clark's posse armed and on the prowl, with people afraid to go down to the courthouse, SNCC decided on a large-scale offensive. They had discovered elsewhere that fear decreased with numbers. It was decided to set October 7 as the day to bring hundreds to the county courthouse to register. As Freedom Day approached, mass meetings were held every night, and the churches were packed.

On October 5, Dick Gregory came to Selma. His wife, Lillian, had been jailed in Selma while demonstrating. He spoke to a crowded church meeting that evening. It was an incredible performance. With armed deputies ringing the church outside, and three local officials sitting in the audience taking notes, Gregory lashed out at white Southern society with a steely wit and a passion that sent his Negro listeners into delighted applause again and again. Never in the history of this area had a black man stood like this on a public platform, ridiculing and denouncing white officials to their faces. It was a historic coming of age for Selma, Alabama. It was also something of a miracle that Gregory was able to leave town alive. The local newspaper said that a "wildly applauding crowd" listened that night to "the most scathing attack unleashed here in current racial demonstrations."

Gregory told the audience that the Southern white man had nothing he could call his own, no real identity, except "segregated drinking fountains, segregated toilets, and the right to call me nigger." He added, "And when the white man is threatened with losing his
toilet,
he's ready to kill!" He wished, Gregory said, that the whole Negro race would disappear overnight. "They would go crazy looking for us!" The crowd roared and applauded. Gregory lowered his voice, and he was suddenly serious: "But it looks like we got to do it the hard way, and stay down here, and educate them."

He called the Southern police officials "peons, the idiots who do all the dirty work, the dogs who do all the biting." He went on for over two hours in that vein; essentially it was a lesson in economics and sociology, streaked with humor. "The white man starts all the wars, then he talks about you cuttin' somebody...They talk about our education. But the most important thing is to teach people how to live..."

Later, Jim Forman spoke to the crowd, making the last preparations for Freedom Day . "All right, let's go through the phone book. You'll know who's Negro, because they won't have Mr. or Mrs. in front of their names! You got to get on the phone tonight and call these people and tell them to come down to the courthouse tomorrow, that it's Freedom Day. You take a boloney sandwich and a glass of cool water and go down there and stay all day. Now get on that phone tonight. Who'll take the letter A'?...''

The Selma Freedom Chorus sang, the most beautiful singing I had heard since the mass meetings in Albany; among them there were some really small children, some teen-agers, a boy at the piano. There was a big sign up on the platform, "Do You WANT To B
E
F
REE."
After the singing, everyone went home, through the doors out into the street, where two cars with white men inside had been parked all evening in the darkness outside the church.

Some of us waited that night at Mrs. Boynton's for James Baldwin to arrive. He was flying into Birmingham; some SNCC fellows would pick him up there and drive him to Selma. He was coming to observe Freedom Day. While waiting, we sat around in the kitchen and talked. Jim Forman expertly scrambled eggs in a frying pan with one hand, gesturing with the other to make a point. It was after midnight when Baldwin came in, his brother David with him. Everyone sat in the livingroom and waited for him to say something. He smiled broadly: "You fellows talk. I'm new here. I'm trying to find out what's happening." Forman started off; there was a fast exchange of information and opinions, then everyone said goodnight. It was getting close to Freedom Day.

I made notes, almost minute by minute, that October 7, 1963:

9:30 A.M. It was sunny and pleasant in downtown Selma. I asked a Negro man on the corner the way to the county courthouse. He told me, looking at me just a little longer than a Negro looks at a white man in the South. The courthouse is green stone, quite modern looking compared to the rest of Selma. There was already a line of Negroes outside the door, on the steps of the courthouse, then running alongside the building, broken briefly to make room for people going in and out of an alley which ran along the courthouse, then continuing for another seventy-five feet. I counted over a hundred people on line. On the steps of the courthouse and down in the street stood a dozen or so deputy sheriffs and members of Sheriff Clark's special posse. They wore green helmets or white helmets, guns at their hips, long clubs. One young deputy, black-haired, with very long sideburns, swung a club as long as a baseball bat. A few newspapermen were already on the scene. The editor of the
Selma Times-Journal,
Arthur Capell, quiet, thin, dark-haired, said: "Those people on line will never get registered. There are three members of the Board inside, and they spend quite some time on each registrant. There's never been more than thirty or forty registered in one day." The office would close at 4:30 P.M., and I realized now those people were going to wait on line eight hours, knowing they would not get inside the courthouse. I looked down the line. Middle-aged Negro men and women, some old folks, a few young ones, dressed not in their Sunday best, but neatly, standing close together in line.

In Alabama, as in Mississippi, one doesn't simply register to vote; one applies to register. This meant filling out a long form with twentyone questions. Question 15: "Name some of the duties and obligations of citizenship." Question 15A: "Do you regard those duties and obligations as having priority over the duties and obligations you owe to any other secular organization when they are in conflict?" Then the registrar would ask oral questions, such as, "Summarize the Constitution of the United States." Three weeks later there would be a postcard: passed or failed. Another quaint thing about registration procedure in Dallas County was that applications were accepted only on the first and third Mondays of each month. Registering at the rate of thirty a day, even if all were passed, it would take ten years for Negroes to make up the 7,000 plurality held by white registrants in Dallas County.

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