On August 16 the Equal Justice Initiative (EJI) of Montgomery Alabama announced plans for two projects honoring victims of U.S. racial lynchings and injustice.
One is the Memorial for Peace and Justice to honor the over 4,000 black victims of lynchings that will sit on six acres, the highest spot in Montgomery, the first capital of the Confederacy. The memorial will be a large, four-sided gallery of 801 six-foot columns hanging in the air as if from trees like a lynching. Each column will represent a U.S. county where a lynching took place and be etched with the name(s) of the person(s) lynched. Here is a rendering of the memorial and a map showing the locations of the lynchings.
An adjacent field will have duplicates of those columns, which will be offered as a challenge to be moved to the home counties of the lynchings; those that remain will be silent rebukes to the places that refuse to acknowledge their history of lynching.
The other project is a museum, “From Enslavement to Mass Incarceration,” which is scheduled to open completely next April in EJI’s 11,000-square-foot headquarters in Montgomery. Tracing the country’s racial history from slavery to the era of mass incarceration, it will contain high-tech exhibits, artifacts, recordings, and films, as well as a comprehensive database and information on lynching and racial segregation. Its virtual reality stations will enable people to understand what it was like to be in the cargo hold of a slave trafficking ship, to endure angry taunts during a lunch counter sit-in and to sit in a contemporary overcrowded prison. Below are photographs of one part of the museum and of jars of dirt from sites of lynchings.
As reported by Montgomery’s newspaper, the founder and Executive Director of EJI, Bryan Stevenson, said, “Our nation’s history of racial injustice casts a shadow across the American landscape. This shadow cannot be lifted until we shine the light of truth on the destructive violence that shaped our nation, traumatized people of color, and compromised our commitment to the rule of law and to equal justice.”
Stevenson is a widely acclaimed public interest lawyer. (To the right is a photograph of Stevenson and the cover of his highly acclaimed book, Just Mercy.) His work fighting poverty and challenging racial discrimination in the criminal justice system has won him numerous awards including the ABA Wisdom Award for Public Service, the MacArthur Foundation Fellowship Award Prize, the Olaf Palme International Prize, the ACLU National Medal Of Liberty, the National Public Interest Lawyer of the Year Award, the Gruber Prize for International Justice and the Ford Foundation Visionaries Award. He is a graduate of the Harvard Law School and the Harvard School of Government, has been awarded 16 honorary doctorate degrees, and is a Professor of Law at New York University School of Law.
The June 2014 issue of The Atlantic devotes 20 black-bordered pages to “The Case for Reparations” as the lead and cover article by Ta-Nehisi Coates, its national correspondent.
This is a serious subject by an author who has been obtaining some prominence or notoriety this year occasioned by his best-selling book, “Between the World and Me,” which was discussed in a previous post.
Moreover, on September 28, 2015, the MacArthur Foundation awarded one of its prestigious Fellows or “genius” grants to Coates and asserted that he “brings personal reflection and historical scholarship to bear on America’s most contested issues . . . without shallow polemic and in a measured style.” In “The Case for Reparations,” according to the Foundation, “Coates grapples with the rationalizations for slavery and their persistence in twentieth-century policies like Jim Crow and redlining . . . [and] compellingly argues for remuneration for the economic impact on African Americans denied the ability to accumulate wealth or social status for generations. [The article is] deeply felt and intensely researched.”
I, therefore, was expecting a serious discussion of this important issue.
Instead, I was profoundly disappointed in the analysis as well as the quality of the research and writing of this article and strongly disagree with MacArthur’s glowing commentary on the article.
Coates’ Discussion of Reparations
Coates mentions that certain scholars have discussed how reparations might be implemented. One, he says, suggested multiplying the number of African Americans in the population by the difference between white and black per capita income and then presumably paying that difference to each African American each year for a decade or two. Another, Coates reports, proposed a program of job training and public works for all poor people. (P. 69) But Coates does not endorse either one.
Instead Coates hides in generalizations. He says reparations means “the full acceptance of our collective biography and its consequences” and “a revolution of American consciousness, a reconciling of our self-image as the great democratizer with the facts of our history” (p.70).
On the last page of the article (p. 71) Coates becomes more specific by advocating congressional adoption of a bill for a federal study of the issue of reparations that has been offered by Representative John Conyers (Dem., MI) for the last 25 years. Without examining the details of the bill or the arguments advanced for the bill by Conyers, Coates states, “No one can know what would come out of such a [study and] debate. Perhaps no number can fully capture the multi-century plunder of back people in America. Perhaps the number is so large that it can’t be imagined, let alone calculated and dispensed. But I believe that wrestling with these questions matters as much as—if not more than—the specific answers that might be produced. An America that asks what it owes its most vulnerable citizens is improved and humane.”
This is not, as MacArthur suggests, a compelling argument “for remuneration for the economic impact on African Americans denied the ability to accumulate wealth or social status for generations.”
The Conyers’ Bill
An examination of the Conyers bill itself does not buttress the claimed genius of the Coates article. In the current session of Congress this bill is H.R.40: The Commission to Study Reparation Proposals for African Americans Act. A quick examination of the Library of Congress THOMAS website reveals that the bill (in sections 4, 5 and 7) would establish a commission of seven members (three to be appointed by the U.S. President, three by the Speaker of the House of Representatives and one by the president pro tempore of the U.S. Senate) to hold hearings and issue a report of its findings and recommendations.
The key to the bill is section 2(a), which would make the following factual findings that Coates takes most of 20 pages to elucidate:
“(1) approximately 4,000,000 Africans and their descendants were enslaved in the United States and colonies that became the United States from 1619 to 1865;
(2) the institution of slavery was constitutionally and statutorily sanctioned by the Government of the United States from 1789 through 1865;
(3) the slavery that flourished in the United States constituted an immoral and inhumane deprivation of Africans’ life, liberty, African citizenship rights, and cultural heritage, and denied them the fruits of their own labor; and
(4) sufficient inquiry has not been made into the effects of the institution of slavery on living African-Americans and society in the United States.”
Section 2(b) of the bill then states the commission would examine and report on these factual predicates plus the “de facto discrimination against freed slaves and their descendants from the end of the Civil War to the present, including economic, political, and social discrimination.” With such factual determinations the commission would be charged to “recommend appropriate ways to educate the American public of the Commission’s findings” and “appropriate remedies.”
Representative Conyers’ website contains a discussion of the bill that at least alludes to the following challenging sub-issues that would face such a commission and that are not examined by Coates: “whether an apology is owed, whether compensation is warranted and, if so, in what form and who should be eligible.”
Resolution for Rectification of Misdeeds Against African-Americans
More importantly, Coates’ article does not mention a resolution (H.Res.194) adopted in 2008 by the U.S. House of Representatives that has lengthy factual preambles about the evils of slavery and Jim Crow.  The House in H.Res.194 more importantly also:
“acknowledges that slavery is incompatible with the basic founding principles recognized in the Declaration of Independence that all men are created equal;”
“acknowledges the fundamental injustice, cruelty, brutality, and inhumanity of slavery and Jim Crow;”
“apologizes to African Americans on behalf of the people of the United States, for the wrongs committed against them and their ancestors who suffered under slavery and Jim Crow; and”
“expresses its commitment to rectify the lingering consequences of the misdeeds committed against African Americans under slavery and Jim Crow and to stop the occurrence of human rights violations in the future.”
Yes, this is only a resolution by only one chamber of the Congress, but it is closer to the result apparently being advocated by Coates than the Conyers’ bill.
U.S. Presidential Statements About Slavery
H.Res.194 in a preamble asserts that “on July 8, 2003, during a trip to Goree Island, Senegal, a former slave port, President George W. Bush acknowledged slavery’s continuing legacy in American life and the need to confront that legacy when he stated that slavery `was . . . one of the greatest crimes of history . . . The racial bigotry fed by slavery did not end with slavery or with segregation. And many of the issues that still trouble America have roots in the bitter experience of other times. But however long the journey, our destiny is set: liberty and justice for all.”
In another preamble H.Res.194 asserts, “President Bill Clinton also acknowledged the deep-seated problems caused by the continuing legacy of racism against African-Americans that began with slavery when he initiated a national dialogue about race.”
Neither of these presidential statements is mentioned by Coates, both of which support his opinion favoring reparations.
Caribbean States’ Reparations Claims
Apparently at least 14 states in the Caribbean are preparing claims for reparations for slavery against their former colonial rulers: Great Britain, France, Spain, Portugal and the Netherlands. Britain’s Prime Minister Cameron recently rejected that reparations idea.
Again there is no mention of these claims by Coates even though they lend credence to his advocacy of similar reparations in the U.S.
Litigation Over Contracts for Deed
Coates leads the article with a lengthy discussion of problems faced by blacks on the west side of Chicago in the 1960’s in financing purchases of homes and as a result being forced to do so on contracts for deed with unscrupulous sellers (pp. 56-59). Coates then enthusiastically endorses these black purchasers’ bringing a federal lawsuit against the sellers for reparations (or money damages). On the next page (p.60), however, Coates tells the reader, without any citation of source, that in 1976 the black plaintiffs lost a jury trial supposedly due to anti-black prejudice of the jury and even later in the article (p.67) he says that as a result of the lawsuit some of the plaintiffs were allowed to own their homes outright while others obtained regular mortgages.
Coates, however, fails to mention that according to a secondary source from the University of Illinois-Chicago, the west-side case went to trial in the Spring of 1976, and in November 1979, the jury decided that the sellers had taken advantage of the buyers for higher profits, but that the sellers were so ruthless they would have cheated anyone, not only blacks, and, therefore, the jury rejected the racial discrimination claim, and the plaintiffs’ lawyers decided not to appeal this decision.
That same secondary source reports that a related case from the south side of Chicago went to trial in 1972 before a federal district judge with a jury. At the close of the evidence, the court directed a verdict against the plaintiffs saying that they had not proved a prima facie case of discrimination. On appeal, the U.S. Court of Appeals for the Seventh Circuit reversed and remanded for a new trial. That new trial occurred in 1979, without a jury, before a district judge who decided in favor of the defendants, and the Seventh Circuit affirmed.
Clyde Ross was prominently mentioned at the start of the Coates’ article about the housing discrimination that led to the above litigation, and after the publishing of the Coates article, Ross said in an interview, “I don’t know why we would even discuss [reparations] . . .when that would never happen. It involves taking money, property, from other people, from the people with power and wealth. How could that ever come to be? In theory, yes it is a good idea, but it’s better to be practical. I support equality under the law. I just want to be able to pay off a mortgage knowing that I am getting the same deal as the white guy. That’s all I ask.”
Coates also did not uncover in his research the successful Minnesota lawsuit in the 1920’s by a black couple against white landlords who after accepting contract-for-deed payments for 25 years denied the couple possession of the Minneapolis house on the false assertion that their payments were only rent. The couple’s attorney, by the way, was Lena Olive Smith, the state’s first black female lawyer who became the leader of the city’s NAACP branch in the 1930s.
I am not a scholar of race relations in the U.S. or of reparations generally or in the U.S. specifically. The above discussion of facts that apparently were not discovered by Coates was based upon this blogger’s perfunctory Internet searching.
The Coates article also is difficult to read because of the lack of an introduction and conclusion and of any headings or subdivisions amidst the parade of often densely packed paragraphs that do not follow in a logical order.
This blogger as a retired lawyer might be seen as engaging in an inappropriate lawyerly criticism of the Coates’ article. But Coates presumably is advocating for others to embrace the conclusion that reparations are a necessary response to a major societal problem. As an advocate, he should write to be more persuasive.
This blogger as a white American is supportive of civil and human rights generally and is willing to consider a well-written and documented case for U.S. reparations for slavery and Jim Crow. Unfortunately the Coates article does not do that. It needs additional research and a major rewrite. (As always, I invite others’ comments of agreement or disagreement.)
 U.S. House of Reps., 110th Cong., 2nd Sess., H.Res.194 (July 29, 2008)..As February 23, 2007, was the bicentennial of the British Parliament’s abolition of slave trading, the 110th U.S. Congress (2007-2009) had 150 bills and resolutions that mentioned the word “slavery,” but this blog has not “drilled down” to determine their details.
 Coates does mention Massachusetts’ granting a 1783 petition for reparations by a black freewoman; 17th and 18th century Quakers’ granting reparations; the 1987 formation of a National Coalition of Blacks for Reparations in America; the 1993 NAACP’s endorsement of reparations; a lawsuit for reparations brought by Harvard Law School Professor Charles Ogletree, Jr. (without mentioning its details or outcome); and Germany’s reparations to Israel for the Holocaust (pp. 61, 70-71).
 The online version of the article added headings I through X, but most of them are quotations from sources in the sections, requiring the reader to dive into the sections to discover their significance. Another post discusses Coates’ “The Black Family in the Age of Mass Incarceration,” The Atlantic (Oct. 2015), which also has chapter headings, most of which do not help the reader.