Monday, February 23, 2009

Requiem for Black Activism
By Alton H. Maddox, Jr.

Black history and law are essential tools for Black activism. A Black activist must be able to connect the dots and think outside the box. If you witness an attack on an aggressive Black lawyer, for example, you may conclude, without knowledge of history, that the lawyer contributed to his or her own predicament (contributory negligence) or that the attack is personal. Other lawyers, on the other hand, should have no worries about the personal attack.
George Boyer Vashon became, in 1848, the first Black lawyer in New York. This was four years after Macon B. Allen became the nation’s first Black lawyer. New York was unkind to Vashon who had to flee. From the outset, New York was cruel to Black lawyers. Vashon’s white father regretted that his son had become a lawyer.
Aaron Alpeoria Bradley was probably the first Black lawyer to be disbarred in New York and on February 2, 1856, he became the third Black person admitted tot he practice of law in Massachusetts. Bradley was a fierce and aggressive Black lawyer. Reportedly, he served a two-year sentence for seduction in New York and was disbarred, in Massachusetts, for contempt of court.
President Andrew Johnson would also send Bradley to prison for sedition after a trial by a military commission. He advocated reparations in Georgia. Later he would become a state senator near Savannah. Despite Georgia’s refusal to admit him to the practice of law, he would openly represent Blacks in its courts. When it got hot in Georgia, he established a law practice in Beaufort, SC.
One of the earliest Black lawyers to have had an impact on New York was Thomas McCants Stewart who was admitted to practice law in New York in 1886. He was successful in several high-profile cases including his representation of the militant editor of the New York Freeman, T. Thomas Fortune. In a public accommodations case, an all-white jury awarded Fortune substantial damages.
Stewart would become the first Black appointee to the Brooklyn Board of Education in 1891. Brooklyn was a separate municipality. During his tenure on the board of education, he would dismantle Jim Crow in Brooklyn by removing “colored” signs in schools and allowing Black teachers to teach all Black children. Despite his successes in New York, Stewart had to move to Hawaii. New York denied him equal opportunities.
When you fast-forward to 1989, our condition has remained constant. A Black lawyer still has to know his place. This is nearly sixty years after the “Miseducation of the Negro.” Blacks are now volunteer slaves who believe that they enjoy political and legal representation. Some “militant” Blacks are now fighting for the liberation of others.
Twenty years ago, “Scottsboro Boys” would visit Manhattan. In 1930, nine Black youth would be framed and railroaded in Scottsboro, AL. In 1989, history would repeat itself in the Central Park jogger case. The common thread is the denial of Sixth Amendment rights.
While countless Black and Latino youth would be falsely arrested, six youth would be indicted and five would be wrongfully convicted of raping a white woman, Patricia Meili, and sent to prison. New York committed an intentional crime. Kharey Wise, for example, would spend fifteen years behind bars.
Only four Black lawyers would step forward to represent them. Joseph Mack would be given a definite suspension and Colin Moore, Robert Burns and Alton Maddox would be disbarred. White supremacy is, in effect, in New York and these lawyers crossed the line. Twenty years later, Blacks are still unable to connect the dots. We never received the message.
Today, the New York City Council is still fighting against providing these young men compensation for crimes against humanity. Councilman Charles Barron is the exception. He and Alton Maddox, this past Wednesday at UAM, pledged to do the research on the question of legislative compensation.
Black oriented radio refuses to allow them to publicly express their grievances. In the meantime, the three Duke lacrosse players, whose innocence is still in doubt, have received compensation. They were never wrongfully convicted of a crime nor were they sent to prison. This was a financial windfall.
On December 23, 2008, Chief Judge Dennis Jacobs of the United States Court of Appeals for the Second Circuit officially reinstated Dred Scott in Maddox v. Prudenti et. al. He not only ruled that “no Negro has any rights that whites are bound to respect” but also that any Jim Crow ruling against a “Negro” would be shielded by a secret opinion rule. A racist decision, today, is not subject to the doctrine of stare decisis.
The U.S. Supreme Court must grant a petition for writ of certiorari. Maddox is receiving legal assistance only from attorney Frederick Dean. Members of United African Movement have failed to form a legal defense fund for Tawana Brawley. Tawana Brawley, Central Park jogger defendants, Mumia Abu-Jamal, Matula Shakur, Jamil Adullah Al-Amin et. al. are joined at the hip: denial of Sixth Amendment rights.
Alton Maddox was only informed of this meritorious debate on January 18, 2009 when he and Sister Leola W. Maddox were attending a birthday fete for Dr. Leonard Jeffries at the Robert Johnson Family Life
Center in St. Albans, Queens. It was a deserving celebration.
He informed CEMOTAP that a prior engagement in South Carolina, on February 15, 2009, would prevent he and Sister Maddox from attending “Great Harlem Debate 3". Their irrevocable commitment in South Carolina was planned many months prior to “Great Harlem Debate 1.”
Everyone today should understand that our struggle must center around our lack of legal and political representation. This problem also ditched former Cong. Cynthia McKinney. Blacks can only enjoy legal and political presence. Other rights are illusory.
The Civil Rights Movement provided some semblance of voting and social rights. The struggle continues for political and economic rights in addition to civil liberties. Cong. Adam Clayton Powell, Jr. was guided by higher law. Only President Barack Hussein Obama and his family have arrived at the White House. Blacks are still searching for the “Promised Land.”

1 Comments:

Anonymous Anonymous said...

Peace and Blessings
I would like to thank you for representing Ms. Brawley. I was raped while serving in the US Army. I was stationed at Camp Casey Korea, in 1985. I reported my rape, in fact, I was hospitalized the day after the assault due to injuries stemming from the sexual assault.

I am currently appealing a case to the Board of Veteran Appeals for worsening of condition for the medical injuries/disabilities stemming from my military service and I have not been successful in obtaining good legal counsel.

I pray that you are reinstated and compensated.

Sisterly
Sister Rita

1:56 PM  

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