Old Settlers’ Day & the Victorious Washington Long

Three generations of the Long family in front of Washington’s home, ca. 1915. The author’s grandmother, LeNore Alice Hoard Enz, is the “little scowling” girl at left. Washington is in the center and his daughter and LeNore’s mother, Anna Long Hoard, is to his left with her hair up. Image courtesy of the author.

Washington Long woke up early at his daughter Anna’s house. He had not even heard the rooster crow yet, and the sky was still a dark blue as night faded away into the dawn. The old man slept in the front bedroom that Anna and Kellis Hoard added when he moved in. In the latter years of his life, Washington seemed aged and often forgetful. He moved in with his daughter and son-in-law in the new house down the hill from his own around 1919. Anna washed and ironed his clothes, as he set great store by how he looked, especially on a big day like today.

He noted his only daughter had set out his good summer suit, with freshly-pressed trousers and his Sunday shoes. A crisp white dress shirt and tie hung next to the suit. Washington dug into the dresser drawer and found his gold watch and chain. Today, he was going to look remarkable, a real gentleman farmer.

Washington no longer worked his land. Instead, his son-in-law, Kellis, and the hired man managed the farming at both the Hoard farm and Washington’s farm on the other side of Sugar Creek, Washington Township, Whitley County.

It was Thursday, August 19, 1926. Today might be a special day for Washington. He didn’t yet know. Since 1909, Whitley County had awarded loving cups to the oldest registered settler and the longest continuous resident at Old Settlers’ Days.

Would he be first in line to register at the Old Settlers’ tent near the Courthouse? Would this be the year he won a silver cup?

Washington is about the fourth on the right, image courtesy of the author.

After a family breakfast, Kellis pulled his reliable Ford machine in front of the farmhouse door. The early morning sky was cloud-free and blue as the perennial periwinkles that overgrew on the south side of the summer kitchen—a perfect day for a festival. Granddaughter Zoe, Anna, and Washington got in the car, and they were off, east on the Washington Center Road past the school where the Long children had graduated. Then, they headed north on Indiana State Road 11 (later Indiana State Road 9) to the Whitley County Courthouse.

The stately courthouse in the middle of town was the center of Old Settlers’ Day events. The French Renaissance-style building rose to three stories of Indiana limestone, topped with an iron-covered dome. A few people wandered inside to see the relics room, treasures belonging to the first white settlers of Whitley County.

Registration began at 9 a.m. The South Whitley and Columbia City high school bands played lively music for those waiting in line.

The day featured events for the whole family, a greased pole climbing contest, free children’s show at the Columbia Theatre, and a horseshoe pitching contest with cash prizes at the Gun Club.

Washington with his wife, Albina, and children, Anna, (the author’s great-grandmother), Franklin, and Calvin, ca. 1890, courtesy of the author.

For Washington, the highlight was the official, early afternoon Old Settlers’ Day ceremony in front of the courthouse. Ralph Gates, a local attorney, and future governor of Indiana, gave a welcoming address, followed by the Baptist Reverend Charles Watkins of Muncie, who gave a lengthy speech entitled, “Faith of our Fathers.”

Reverend Watkins urged the large crowd to remember that the first structure in pioneer life was the home, followed by the church, followed by the school. “It is just a short distance to a church nowadays by machine. The importance of religion cannot be overestimated,” said Reverend Watkins.[1]

“How much faith have the people in the future generation of boys and girls today?,” the speaker asked.[2]

Washington was widely known to enjoy liberal religious views and supported several religious organizations financially. He may have thoroughly enjoyed the zeal of the speaker. Or his attention might have wandered to the Civil War monument on the courthouse lawn, which honored the Whitley County Civil War dead. Washington’s brother, Lewis Reuben Long, died of dysentery after Vicksburg on the western front in 1863.

Reverend Watkins answered his question about the future generation of boys and girls. “I do not feel the flapper, or the drug store sheik would fall when they came to meet their duties and responsibilities of life. One evidence of age frequently manifested was to begin to criticize the younger generation because they do not do like the other person did when he was a boy and to think that they are going pell-mell to the devil.”[3]

Image courtesy of the author.

The sun was still high above on this early August afternoon. Underneath its’ warm rays, some elders nodded off during the featured address and lunch.

Watkins concluded his remarks by saying that the boys and girls who make love in automobiles are no different than their parents who used to tie their reins around the whip and let Old Dobbin find his way home.[4]

Finally, Reverend L.A. Luckenbill rose to present the two loving cups, one for the oldest resident and one for the most senior continuous resident.

“The winner of the oldest resident is Isaiah Johnson of Thorncreek Town-ship,” said Reverend Luckenbill. “Mr. Johnson was born on December 10, 1835, and is now 90 years, five months, and nine days.”

So much for being the most senior resident. The family held its collective breath. How many others here today had been born in a log cabin in Whitley County? In 1845?

“The longest continuous resident for 1926 is Washington Long of Washington Township. Mr. Long was born in Washington Township on February 23, 1845, and is 81 years, five months, and 27 days.”[5]

Image courtesy of the author.

Washington walked proudly to the bandstand, his green registration tag attached to his jacket lapel, his gold watch chain glimmering in the afternoon sun. He surveyed the large crowd that had gathered all along Van Buren from Main to Chauncey Street.

Reverend Luckenbill asked him to say a few words about his coveted award.

“Things ain’t like they used to was,” said the 81-year resident of Whitley County. And then he went back to his chair and sat to thunderous applause. Washington’s statement on constant change has become a family saying for generations.

The Hoards enjoyed visiting with friends into the evening as Washington accepted congratulations.

The Fort Wayne Colored Giants played the Columbia City Modern Woodmen at Carter Field in baseball. Others attended the Hog Calling Contest at the Band Stand, which offered cash prizes for the best call. For people who missed her afternoon show, Grace Gage, contortionist, and her two trained dogs gave a special performance on the courthouse lawn. Darkness came, and an illuminated aeroplane flew low over the crowd, followed by a 25-minute display of fireworks over Columbia City.

After a memorable day, the family returned home, still delighted Washington had finally received his due as a pioneer. He would not compete again, believing others should have their chance. His loving cup, however, became a treasured family heirloom.

Notes:

[1] “The Aftermath of the Annual Old Settlers’ Day,” The Post (Columbia City, IN), August 20, 1926.
[2] Ibid.
[3] Ibid.
[4] Program, Old Settlers’ Day, Columbia City, Indiana, Thursday, August 19, 1926, Peabody Library, Columbia City, Indiana.
[5] “The Aftermath of the Annual Old Settlers’ Day,” August 20, 1926.

The Unlikely Civil Rights Legacy of Supreme Court Justice Sherman Minton

“Sherman Minton,” photograph, n.d., Rare Books and Manuscripts, Indiana State Library, accessed Indiana State Library Digital Collections.

Sherman Minton’s willingness to find flexibility in the law and his own thinking helped end state-sanctioned discrimination toward African Americans in housing, employment, and education. Considering his rigid stance on judicial restraint, Minton’s reformist civil rights record is surprising at first glance. He believed that Congress, not the courts, should define the country’s laws. As an Associate Justice of the U.S. Supreme Court from 1949-1956, Minton invariably deferred to both congressional and judicial precedent, opposing activism by the Court. A closer look at his role in several landmark desegregation cases shows how Minton was able to stretch precedent in order to bend the moral arc of the universe toward justice. His much-lauded judicial opinion on Barrows v. Jackson, the Supreme Court decision that ended discriminatory housing covenants, is particularly relevant. Today, much work remains to fully end discriminatory policies that create disparity in income and living conditions for millions of Black Americans, a sort of de facto segregation that lingers more than sixty years after these Civil Rights Era desegregation cases. The civil rights work of Sherman Minton is worth considering here, if for no other reason, because it remains unfinished.

New Albany High School, The Vista, 1909, accessed Maurer School of Law History and Archives, Indiana University. Sherman Minton is second from the left.
Indiana University, The Arbutus for Nineteen Thirteen, “U.S., School Yearbooks, 1880-2012,” accessed AncestryLibrary.com

Young Minton, better known as “Shay,” was a troublemaker. Born in Georgetown, Indiana, in 1890, he had to work from a young age to help support his struggling family. Yet, he somehow still found the energy to knock neighbors hats off with snowballs or loosen a wheel on his brother’s wagon, causing it to fall off and ruin his date. While Minton may have been rambunctious in his spare time, he was a serious student with a love of learning. He graduated from New Albany High School in 1910 and worked a series of jobs before enrolling at Indiana University in 1911.[1]

At IU, Minton excelled in football, baseball, and debate. He took two years of undergraduate classes before entering the IU School of Law, graduating with a Bachelor of Laws in 1915.[2] He then won a scholarship to Yale University School of Law where he earned his Master of Laws degree in 1916.[3] While at Yale, Minton came under the tutelage of former President William Howard Taft, who himself would go on to serve as a Supreme Court justice (the only president to boast this accomplishment). Reportedly, after Shay argued with Taft over a lesson about a certain Supreme Court ruling, Taft told his student:

I’m afraid, Mr. Minton, that if you don’t like the way this law has been interpreted, you will have to get on the Supreme Court and change it.[4]

Minton would later take the former president up on this suggestion.

Upon graduation from Yale, Minton set up a law practice in New Albany. Soon after, the United States entered WWI and Minton immediately enlisted in the U.S. Army. He was commissioned as an infantry officer, trained at Fort Benjamin Harrison, and sent overseas in July of 1918 where he served on the French front.[5]

Indianapolis Star, May 24, 1932, 3, accessed Newspapers.com.

After returning from war, Minton entered the Democratic primary to seek a congressional Senate seat. While he was unsuccessful in this 1920 election, he would remain active or interested in Democratic Party politics his entire life.[6] For the following decade, he practiced law before making another unsuccessful bid for the U.S. Senate in 1930.[7] During the 1930s, he became even more politically active, campaigning for Paul McNutt in the 1932 gubernatorial race.[8] After McNutt was elected, the new governor rewarded Minton with his first public office, appointing him public counselor to the Public Service Commission. Minton began his work March 8, 1933, representing the public against utilities companies, and securing rate reductions in hundreds of cases.[9]

In 1934, Minton again ran for Congress on a platform of staunch support for President Franklin Delano Roosevelt and the New Deal. That November 6th, Indiana voters finally sent Minton to Washington.[10] He took his seat in the U.S. Senate next to future President Harry Truman in January 1935.

Tampa Morning Tribune, January 3, 1935, 2, accessed Newspapers.com

Minton would serve only one term in Congress, but the experience influenced his later judicial positions. As a member of a committee that investigated utility companies, he helped break up monopolies, work he would later continue from the bench. He was a vocal critic of the Supreme Court decisions that declared several New Deal policies unconstitutional, establishing his long-held view that the Court shouldn’t overturn the will of the people as expressed through their elected officials. And he became a spokesman for the administration, explaining complicated issues (like Roosevelt’s court packing plan) in plain language, a strength he would later bring to his written judicial opinions.[11]

When it came to increasing or strengthening the rights of  African Americans, he was swayed neither by the administration nor legislative precedent. Instead, Minton took a moral stand for civil rights. For example, he broke with the administration’s lack of action against lynching by advocating for anti-lynching legislation throughout his term.[12] When opponents to a 1938 anti-lynching bill claimed that the states should regulate lynching, not Congress, Minton noted that there had been eight lynchings the previous year and none were prosecuted. “In other words,” Minton told his fellow senators, “there was 100 percent failure to prosecute the most heinous crime.”[13] He finished with a moral argument for legislative interference to stop lynching, stating:

I am interested in State rights, but I am much more interested in human rights.[14]

Minton was again nominated for his Senate seat in 1940, but lost as the Republican Party swept the Indiana elections. Recognizing his service to the Democratic Party and the administration, in January 1941, President Roosevelt made Minton his administrative assistant. Soon a position on the Seventh Circuit Court of Appeals, a busy federal court located  in Chicago, opened, and FDR nominated Minton for this prestigious judgeship. On May 7, 1941, the Senate confirmed the nomination and that October Minton joined the Seventh Circuit bench. [15]

Chicago Tribune, October 7, 1941, 2, accessed Newspapers.com

The Seventh Circuit Court of Appeals heard a large number of cases and Minton wrote his share of opinions and dissents in his eight years on the bench in Chicago. Yet, even drawing on this large sample of cases, it can be difficult to understand his judicial philosophy. He seems full of contradictions at times.

An ardent New Dealer, Minton believed the government was responsible for improving the lives of its citizens, which included protecting consumers. Thus, Minton often decided against corporations engaging in monopolistic practices and usually decided for the rights of labor unions. However, it was the greater good of the majority of citizens that moved Minton, not necessarily the rights of individuals. Thus, he often decided in favor of government agencies at the expense of individual rights. This was especially true when the decision could potentially impact national security. Perhaps this is not surprising considering for much of his time on the Seventh Circuit bench, the world was at war and many in the United States feared both foreign and domestic enemy agents.[16]

New York Daily News, March 30, 1948, 57, accessed Newspapers.com.

Minton was dedicated to judicial restraint and  upholding legislative intent – two sides of the same coin. In other words, Minton believed that the courts should not overturn congressional legislation which was the will of the people made law. This dovetails with his interest in protecting the rights of the majority. By deferring to Congress, Minton believed he was deferring to the people of the United States who elected the congressmen. But in cases of individual freedoms, his position sometimes put him out of step with his colleagues who saw an opportunity to expand civil liberties through their decisions. Minton was not opposed to increased civil liberties, he just believed that such issues were under the purview of Congress, not the courts. He would adhere to this view as he ascended to the nation’s highest court.[17]

Indianapolis Times, October 12, 1949, 1, accessed Hoosier State Chronicles.

In September 1949, President Harry Truman nominated Sherman Minton, his old friend from their years in the Senate, for the Supreme Court of the United States. Minton was confirmed and took his place on the bench that October.[18] As an Associate Justice of the Supreme Court, Minton maintained his general position of restraint, tendency to side with legislative precedent and the administration against individuals, and his disinclination to overturn the rulings of state courts. Despite this determination, Minton maintained a consistently strong, activist position when it came to civil rights issues, especially desegregation, as evidenced by landmark cases such as McLaurin v. Oklahoma State Regents, Sweatt v. Painter, Brown v. Board of Education, and Barrows v. Jackson.

“George W. McLaurin,” photograph, n.d., Oklahoma Publishing Company Photography Collection, accessed Oklahoma Historical Society.

On June 5, 1950, the Supreme Court decided both McLaurin v. Oklahoma State Regents and Sweatt v. Painter. These cases overturned the “separate but equal” precedent of Plessy v. Ferguson with the Court unanimously deciding that, at the level of graduate school and law school, segregation denied Black students equal educational opportunities, violating their Fourteenth Amendment rights to “equal protection of the laws.”[19] Referring to the separate areas where a Black student was forced to eat and study, Chief Justice Fred Vinson wrote in the Court opinion:

Such restrictions impair and inhibit his ability to study, to engage in discussions and exchange views with other students, and, in general, to learn his profession . . . State imposed restrictions which produce such inequalities cannot be sustained.[20]

Alabama Tribune, February 17, 1950, 1, accessed Newspapers.com.

These cases provided precedent for the Court’s decision in Brown v. Board of Education of Topeka in 1954. In this historic case, the Court determined that, like the earlier cases dealing with higher education, segregation in public schools also violated the Fourteenth Amendment. In short, the justices determined that there was no such thing as “separate but equal” education. In his opinion, Chief Justice Earl Warren wrote:

We conclude that in the field of public education the doctrine of “separate but equal” has no place. Separate educational facilities are inherently unequal.[21]

“English Class at Moton High School,” photograph, 1914, Brown v. Board of Education, National Archives. National Archives caption: English class at Moton High School, a school for Black students, one of several photographs entered as evidence in the case Davis v. County School Board of Prince Edward County, Virginia, which was one of five cases that the Supreme Court consolidated under Brown v. Board of Education, ca. 1951

Chief Justice Warren felt that an unanimous decision was essential in Brown in order to convey to the public that the Court was taking a moral as well as a constitutional stand against segregation and that the issue was now decided unequivocally. Imparting that moral argument in the opinion for Brown, Justice Warren wrote:

To separate them from others of similar age and qualifications solely because of their race generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone.[22]

Legal historians Linda Gugin and James St. Clair argued that Sherman Minton played a vital role in making these decisions unanimous. The scholars called him “the Court’s strongest team player” because of the warm personal relationships he fostered with his colleagues.[23] Minton was reportedly the only justice welcome in every one of their offices. He regularly organized group lunches and made sure to express his respect for his fellow justices when he dissented from their opinions. It was, therefore, quite possible that Minton was able to convey the importance of a united front on the Brown decision to his undecided colleagues.

Greencastle Daily Banner, November 17, 1953, 4, accessed Hoosier State Chronicles.

Because the opinions in the aforementioned cases were written by the Chief Justice (Vinson for the 1950 cases and Warren in 1954), it is impossible to definitively analyze Minton’s impact on the decisions. However, in the 1953 case of Barrows v. Jackson, Minton penned the Court’s opinion, allowing us a rare opportunity to dissect his thinking and interpret his own views on segregation and civil rights. To summarize the complicated case of Barrows v. Jackson briefly, the white neighbors of Los Angeles resident Leola Jackson were suing her for damages after she sold her house to African American buyers. This sale violated the neighborhood’s “restrictive property covenant,” a clause forbidding the sale of property in the neighborhood to non-white buyers.[24]

In the 1948 case Shelley v. Kraemer, the Supreme Court had ruled that while private discrimination was not unconstitutional, state courts could not enforce restrictive covenants because this would constitute state action in discrimination. Such state involvement would violate the State Action Clause of the Fourteenth Amendment which affirms that “a state cannot make or enforce any law that abridges the privileges or immunities of any citizen.” In other words, white people were free to discriminate against African Americans by refusing to sell them homes in segregated neighborhoods, but the courts could not enforce such segregation or it would be the state itself that was discriminating against African Americans, which was unconstitutional.[25]

White supporters of segregated neighborhoods quickly identified a weakness to exploit in the Shelley decision – the issue of damages. Was it legal for white home owners to sue for damages when their restrictive covenants were violated? If so, this blatant attempt to intimidate white sellers into not selling to Black buyers would make the spirit of Shelley, which was intended to end covenants, null and unenforceable. The Barrows v. Jackson case would decide if state-sanctioned segregated neighborhoods could continue.[26]

Alabama Tribune, April 24, 1953, 5, accessed Newspapers.com.

Minton’s decision in Barrows v. Jackson drew on this idea of state action as defined in Shelley and expanded it to finally end restrictive covenants for good. This required an advanced understanding of the technical aspects involved in the case, as well as a morally-based desire to end injustice in housing for African Americans. In order to end the unjust covenant practice, Minton had to engage in some complex legal maneuvering and creative use of precedent.

The first issue Minton addressed in his majority opinion in Barrows v. Jackson was a relatively straightforward application of the “state action” determination in the Shelley decision. He argued that if the state were to award damages to Jackson’s neighbors for her violation of the covenant, this would constitute “state action.” This would then violate the Fourteenth Amendment State Action Clause.[27]

The major legal challenge Minton resolved with his opinion, was that of the petitioners’ attempt to circumvent Shelley altogether. The white petitioners were not suing the Black buyers for damages, which would have made the discrimination obvious. They were suing the white seller. This was a carefully chosen legal strategy. Traditionally, the Court would not hear cases where the party being impacted, in this case discriminated against, was not present. The attorneys for the neighbors hoped that the case would be dismissed because the rights being violated were that of a third party (the Black buyers), who were not present in the courtroom. Here, Minton flipped the question. He asked the Barrows’ attorneys, “whose constitutional rights would be violated if California failed to award contract damages to the petitioners?” They had to reply “that no one’s rights would be violated.” So, where then was the damage? The petitioners would have to bring the racial issue into the courtroom if they were claiming some damage had been done in selling to a Black buyer.[28]

Indianapolis Recorder, June 20, 1953, 7, accessed Hoosier State Chronicles.

Minton extended the Shelley decision to cover the missing third party issue by explaining that Jackson had a right to protect herself against the “coercion” of the petitioner. In short, the Shelley decision was intended to stop discrimination against African American buyers. If Jackson had to pay damages for violating the discriminatory covenant that Shelley had intended to invalidate then she would, in fact, be paying for failing to discriminate – a direct contradiction of the intent of Shelley. He determined that the interests of Jackson and the Black buyers were closely enough aligned that Jackson represented the buyers. Thus there was no missing third party and racial discrimination was the inherent issue.[29]

Minton had little tolerance for the petitioners’ blatant attempt to circumvent the Shelley decision through such lawsuits aimed at technicalities. And he had no tolerance for continued discrimination against African Americans. He summed up his thinking eloquently and passionately in his written opinion:

The relation between the coercion exerted on respondent [Jackson] and her possible pecuniary loss thereby is so close to the purpose of the restrictive covenant to violate the constitutional rights of those discriminated against, that respondent is the only effective adversary of the unworthy covenant in its last stand. She will be permitted to protect herself and, by so doing, close the gap to the use of this covenant, so universally condemned by the courts.[30]

Minton and his clerks cited several other cases, notably Pierce v. Society of Sisters, and wrote careful clauses further defining the third party issue. [See complete legal analysis here]. In summary, Minton closed the last loophole allowing restrictive covenants and state-sanctioned segregation. Legal scholars Gugin and St. Clair summarized the final decision thusly:

The court moved to make restrictive covenants virtually unenforceable in state courts by ruling that state courts cannot award damages when a restrictive covenant is violated because it is tantamount to the state itself discriminating on the basis of race, which it may not do under the Fourteenth Amendment.[31]

California Eagle, June 18, 1953, 2, accessed Newspapers.com

Minton’s arguments as forwarded in his written opinion in Barrows v. Jackson may stand as his finest judicial moment. Gugin and St. Clair called it “Minton’s most memorable opinion” and noted that “he was praised in law review articles for his imaginative approach.”[32]  In fact, the Barrows decision has been classed among the most important desegregation events of the Civil Rights Era. Although Barrows determined that the state would not discriminate, de facto segregation continued.

Tracy Hadden Loh, Christopher Coes, and Becca Buthe, “The Great Real Estate Reset,” December 16, 2020, accessed Brookings.

In fact, neighborhoods remain segregated to this day. The real estate opportunities afforded white Americans and denied Black Americans in the 1950s helped widen the economic disparity between races. “White flight” from cities and government subsidies for suburbs have created new segregated neighborhoods. Zoning, housing codes, gentrification, and low-income housing areas have further separated economic classes, divided along racial lines. Recently, the Covid-19 pandemic further highlighted this disparity. More than twice as many Black Americans died as a result of “the inequitable living conditions, work circumstances, underlying conditions, and lower access to health care that characterize segregated neighborhoods.” According to the Brookings Institute:

Public policy and industry practice have produced a separate and unequal landscape of American neighborhoods, propagating multigenerational negative impacts on health, social mobility, and wealth for people of color as well as harmful divisions in our economy and society.[33]

As the Supreme Court decided in the desegregation cases when Minton sat on the bench in the 1950s, there is no such thing as separate but equal. The work for equal rights for Black Americans and the perfection of the promises made in the United States Constitution continues.

Notes

[1] 1900 United States Federal Census, Georgetown Township, Floyd County, Indiana, page 8, line 36, Enumeration District: 0054; FHL microfilm: 1240371, Washington, D.C.: National Archives and Records Administration, accessed AncestryLibrary.com.; “Twenty Pupils Suspended,” Plymouth Tribune, February 25, 1909, 4, accessed Hoosier State Chronicles.; Linda C. Gugin and James E. St. Clair, Sherman Minton: New Deal Senator, Cold War Justice (Indianapolis: Indiana Historical Society, 1997), 38-44.

[2] “Indiana University Debaters Who Will Meet Illinois and Ohio Orators in Annual Contest,” Indianapolis News, March 13, 1913, 4, accessed Newspapers.com.; “Minton, Star Half Appears on Field,” South Bend Tribune, November 19, 1913, 12, accessed Newspapers.com.; “Bryan Prize is Awarded,” Indianapolis Star, April 9, 1914, 18, accessed Newspapers.com.; “Lineup for Sunday’s Game,” Bloomington Evening World, April 23, 1915, 1, Newspapers.com.; “Medic and Law Graduate List,” Bloomington Evening World, May 28, 1915, 5, accessed Newspapers.com.

[3] “News of the Colleges,” Indianapolis News, September 29, 1915, 12, accessed Newspapers.com.; “Minton Enters Yale,” Bloomington Evening World, September 29, 1915, 1, accessed Newspapers.com.; 1920 Alumni Directory of Yale University (New Haven: Yale University, 1920), 541, accessed  HathiTrust.

[4] Gugin and St. Clair, 52.

[5] Sherman Minton Draft Registration Card, June 1, 1917, Floyd County, Indiana, Form 522, No. 46, U.S. World War I Draft Registration Cards, 1917-1918, accessed AncestryLibrary.com.; “In Second Training Camp,” Indianapolis News, August 14, 1917, 3, accessed Hoosier State Chronicles.; U.S. Army, Passenger List of Organizations and Casuals Returning to the United States, July 7, 1919, Records of the Office of the Quartermaster General, 1774-1985; National Archives at College Park, Record Group 92, Roll or Box 125, U.S., Army Transport Service Arriving and Departing Passenger Lists, 1910-1939, accessed AncestryLibrary.com.

[6] “Soldier Announces His Candidacy for Congress,” Jasper Herald, December 5, 1919, 1, accessed Newspapers.com.; “J. W. Ewing Wins Third District Nomination,” Richmond Palladium and Sun-Telegram, May 8, 1920, 10, accessed Newspapers.com.

[7] “Democrats to Open Campaign Sept. 18,” Seymour Daily Tribune, September 13, 1914, 1, accessed Newspapers.com.; “Democratic Speakings Announced for County,” Brownstown Banner, September 17, 1924, 1, accessed Newspapers.com.; “Sherman Minton Has Brilliant Record,” Jeffersonville Evening News, reprinted Jasper Herald, January 24, 1930, 4, accessed Newspapers.com; Sherman Minton, “To The Voters of Dubois Co,” Jasper Herald, May 16, 1930, 4, accessed Newspapers.com.; “Democrats in Jasper Rally,” Bedford Daily Mail, October 15, 1930, 1, accessed Newspapers.com.

[8] “Meeting Shows M’Nutt Backing,” Indianapolis Star, February 8, 1932, 1, accessed Newspapers.com.; “McNutt Meeting Set for Tonight,” Boonville Enquirer, April 29, 1932, 1, accessed Newspapers.com.

[9] Ralph L. Brooks, “State’s Commerce-Industry Division Affects All Citizens,” Indianapolis Sunday Star, September 17, 1933, 57, accessed Newspapers.com.

[10] “Republicans Sweep City, County; Minton Beats Robinson in Race for Senate Seat,” Lafayette Journal and Courier, November 7, 1934, 1, accessed Newspapers.com.; “Minton Leads Lake Ticket,” Hammond Times, November 8, 1934, 1, accessed Newspapers.com.; “Minton Winner,” Boonville Enquirer, November 9, 1934, 1, accessed Newspapers.com.

[11] Gugin and St. Clair, Chapter Four: “Fulfilling His New Deal Promise.”

[12] “Senators Agree on One Point,” Muncie Evening Press,” August 6, 1937, 22, accessed Newspapers.com.; “May Use Anti-Lynch Bill in Filibuster,” Baltimore Sun, November 25, 1940, 7, accessed Newspapers.com.

[13] Congressional Record, 75th Congress, 3rd Session, 1938, vol. 83:2. 1931-45, cited in Gugin and St. Clair, 115.

[14] Ibid.

[15] “Sherman Minton Is Named to Circuit Court of Appeals,” Muncie Evening Press, May 7, 1941, 1, accessed Newspapers.com.; “Minton Sworn In as U.S. Judge,” Indianapolis Star, May 31, 1941, 11, accessed Newspapers.com.; “Induction Today,” Chicago Tribune, October 7, 1941, 3, accessed Newspapers.com.; “Minton Becomes U.S. Judge, Says Good-by, Politics,” Chicago Tribune, October 8, 1941, 3, accessed Newspapers.com.

[16] Gugin and St. Clair, Chapter Seven: “A Faithful Disciple of Judicial Restraint.”

[17] Ibid.

[18] “Names Minton to High Court,” Terre Haute Tribune, September 15, 1949, 1, accessed Newspapers.com.; “Minton Is Confirmed for Court, 48 to 16,” New York Times, October 5, 1949, 1, accessed timesmachine.nytimes.com.; “Hoosier Sworn In As Supreme Court Justice,” Muncie Evening Press, October 12, 1949, 1, accessed Newspapers.com.; “Minton Sworn In As Supreme Court Justice,” New York Times, October 13, 1949, 18, accessed timesmachine.nytimes.com.

[19] Supreme Court of the United States, McLaurin v. Oklahoma State Regents for Higher Education et al., Decided June 5, 1950, 339 U.S. 637, Legal Information Institute.; Supreme Court of the United States, Sweatt v. Painter et al., Decided June 5, 1950, 339 U.S. 629, Legal Information Institute, Cornell Law School.

[20] Supreme Court, McLaurin v. Oklahoma State.

[21] Supreme Court of the United States, Brown et al. v. Board of Education of Topeka et al., Decided May 17, 1954, 347 U.S. 483, Legal Information Institute, Cornell Law School.

[22] Ibid.

[23] Gugin and St. Clair, 263.

[24] Supreme Court of the United States, Barrows et al. v. Jackson, Decided June 15, 1953, 346 U.S. 249, Legal Information Institute, Cornell Law School.

[25] Supreme Court of the United States, Shelley et ux. v. Kraemer et ux. McGhee et ux. v. Sipes et al., Decided May 3, 1948, 334 U.S. 1, Legal Information Institute, Cornell Law School.

[26] David N. Atkinson, “Justice Sherman Minton and the Protection of Minority Rights,” Washington and Lee Law Review 34, iss. 1 (1997): 97-117, accessed Washington and Lee University School of Law Scholarly Commons.

[27] Supreme Court, Barrows et al. v. Jackson.

[28] Ibid.; Atkinson, 109.

[29] Ibid.

[30] Supreme Court, Barrows et al. v. Jackson.

[31] Gugin and St. Clair, 248.

[32] Ibid., 248-49.

[33] Tracy Hadden Loh, Christopher Coes, and Becca Buthe, “The Great Real Estate Reset,” December 16, 2020, Brookings Institute.

“Washed Up:” A Discovered Artifact and the Rub-No-More Soap Company

At the Indiana Historical Bureau, we routinely get requests from researchers for assistance. Some of these are fairly simple, like helping with someone’s family history or determining the age of an antique they just bought. However, every once in a while, we get queries so interesting that they require a whole lot more research, and you never know what you might turn up.

Back in March, I received an email from a gentleman in California who recently found a unique item while metal-detecting on the beach. He needed help figuring out what it was and how old it might be. It was a weathered, rusted emblem with two elephants on the front and a name, “Rub-No-More.” On the back, it said, “some worry about wash day; others use Rub-No-More.”  He also knew it had an Indiana connection, as a quick internet search determined that the Rub-No-More brand was based out of Fort Wayne.

The Rub-No-More Watch Fob that washed up on the beach. Image: Kevin O’Brien.

It turns out that the item he found was a Rub-No-More watch fob, likely made sometime between 1905-1920. A watch fob was a decorative piece that accompanied a pocket watch, and helped keep the watch in a wearer’s pocket. A fob exactly like this one was recently sold at auction. Chicago’s F.H. Noble & Company, whose long history includes making trophies and urns for cremated remains, manufactured the fob. But what about the history of the company who commissioned it, the Rub-No-More Company? In learning more about this small, weathered piece of advertising, I discovered a history of one of Indiana’s most successful businesses at the turn of the twentieth century.

Rub-No-More watch fob recently sold at auction. Image: Hakes’s Auctions.

While its origins go back at least to 1880, the Summit City Soap Works of Fort Wayne (the Rub-No-More Company’s original name) was formally incorporated in May of 1885, with a capital stock of $25,000  for “manufactur[ing] laundry and other soaps,” according to the Indianapolis Sentinel. Their penchant for lavishing gifts on customers goes back almost to its founding. As the Wabash Express reported on May 27, 1886, Harry Mayel of the Summit City Soap Works came to Terre Haute and provided “over one hundred and fifty thousand dollars in beautiful and valuable presents” to purchasers of the company’s Ceylon Red Letter Soap. While this was a great deal for consumers, it appears it wasn’t as good for the company. By 1888, the Summit City Soap Works was insolvent, with $18,000 in debt and only $14,000 in assets, and a court-ordered receiver came in to clean up the mess. The difficulties didn’t end there. Two years later, as mentioned by the Crawfordsville Daily Journal, the company’s facilities on Glasgow Avenue burned to the ground, an estimated loss of $6,000. The company, sadly, had no insurance to cover these damages.

Clearly, it was time for new leadership, and it came in the form of the highly successful Berghoff family, German immigrants who became a mainstay of Fort Wayne’s business community. The Berghoffs ran a profitable brewery in the city, most known for its “Dortmunder Beer” brand. They parlayed this success into other ventures, including the Summit City Soap Works. Gustave A. Berghoff, a traveling salesman for the brewery, purchased the soap manufacturer in 1892, likely from his own brother, Hubert. The latter had purchased the firm a year earlier for a measly $5,000, and intended to revive the soap maker to “run day and night,” according to the Fort Wayne Sentinel.

Dortmunder Beer advertisement from Berghoff Brewing Company. Image: FortWayneBeer.com.

Gustave Berghoff and his team wasted no time getting the company back on its feet and profitable, betting its success on a brand new product, Rub-No-More. Introduced in 1895, Rub-No-More was a “labor saving compound” that “clean[ed] the working clothes of a mechanic as well as the finest linen of the household, without much rubbing,” the Fort Wayne News wrote in its May 30th issue. To kick off the new product, the company launched a massive advertising campaign that provided free samples of Rub-No-More to every family in Fort Wayne. Summit City Soap Works then sold it at five cents, in a package that would cover five washing weeks. Rub-No-More became a hit, greatly benefiting Berghoff and his company. As such, they continued their tradition of giveaways. For example, in 1898, Summit City Soap Works offered its customers a free children’s book or wall calendar in exchange for saved Rub-No-More coupons and Globe Soap wrappers.

Fort Wayne Daily News, November 4, 1898. Image: Newspapers.com.

The company completely reorganized in 1903, including a new incorporation and expansion of its facilities. After eighteen years as an incorporated company, the Summit City Soap Works saw its capital stock increase four fold, to $100,000. Its executive staff also evolved, with Gustave Berghoff retaining his position as president but appointing his brothers, Henry and Hubert Berghoff, along with J. W. Roach and Albert J. Jauch, to the board of directors. The Fort Wayne Journal-Gazette reported that Berghoff was “having built a large addition to his factory, which will double the plant’s capacity.” The paper also commented on the company’s success, writing that “the business has grown from a small beginning to large proportions, and the institution is now known all over the United States, and the output is used almost universally in this country.”

The company also expanded its marketing, filing for multiple trademarks in 1905. The first filing, from April 17, 1905, included its new logo for Rub-No-More as well as an emblem, one so iconic to the company that it inspired my research: the two elephants logo. Used for decades as the symbol of Rub-No-More, the trademark displays an adult elephant dressed as a washerwoman washing a child elephant with its trunk. The second filing, dated September 19, 1905, includes both the new logo for the company’s name as well as the two elephants symbol. These became the company’s go-to branding for both its products and promotional materials, and it served them well. Grocers at Kendallville purchased 14,000 pounds of soap from the company in April of 1909, as noted by the Fort Wayne Sentinel, which traveled “in a single shipment over the [city’s] interurban.” That year, the Summit City Soap Works continued its tradition of promotional giveaways. An advertisement in the Dayton Herald offered customers free gifts in exchange for some of their products’ packaging trademarks. They offered girls an embroidery set and boys a “very interesting game” suitable for thirteen people.

Rub-No-More trademark application, September 1905. Image: Google Books.

One incident in 1911 showed how Rub-No-More soap could lead to more than just fun giveaways. A young woman named Bessie Lauer, an employee of the Summit City Soap Works, wrote her name on the inside of a soap bar’s packaging. It made its way out west, where a “wealthy California orange grower” found it and sought out a courtship, perhaps even marriage. She turned down his offer, but the publicity it garnered led to a Hanford, California Sentinel article describing the whole affair. Apparently embarrassed by the incident, Lauer told the Sentinel that “this is the first time she has ever written her name on a soap wrapper, and she fervently states that it will be her last.”

After decades of operation under the Summit City Soap Works moniker, the company formally changed its name in 1912 to the Rub-No-More Company, solidifying the importance of their branded soap to the entire enterprise. (A notification of the name change was published in the January 18, 1912 issue of the Fort Wayne Daily News, but it wasn’t official until April 12, 1912, when articles of incorporation were filed, according to the Indianapolis News. Advertisements in newspapers as early as June of that year indicated the name change). Around this time, Gustave Berghoff, the company’s president, began serving on the board of directors of the German-American National Bank based in Fort Wayne, greatly increasing his stature within the local business community.

Rub-No-More Logo, Trade Mark News. 1911. Image: Google Books.

By 1917, sales of the Rub-No-More Company topped $3,000,000 a year, as referenced in a profile in the Fort Wayne Journal-Gazette celebrating its 25th anniversary under the ownership of Berghoff. The article noted the expansion of its production facilities, from “the old days [when the plant was] comprised [of] but a few shacks” with “equipment consisting mostly of crude apparatus[es],” to a plant comprising “thousands of square feet.” This machinery was “of the most modern design . . . the value of which totals near a million dollars.” Within two decades, Rub-No-More, the company’s flagship product, became a mainstay product for consumers, with “circulars, wrappers, etc. . . . reproduced 200,000,000 times a year,” bringing “both the institution and the city continually before the minds of millions of people residing in this and foreign countries.”

Terre Haute Daily Tribune, March 22 1918. Image: Hoosier State Chronicles.

An interesting modern parallel, the Rub-No-More Company encouraged sterilizing face masks during the influenza pandemic of 1918. A notice printed in the November 22, 1918 issue of the Indianapolis News instructed readers to “sterilize flu masks” by “thoroughly dissolv[ing] two tablespoonsful [sic] of Rub-No-More soap chips in one quart of boiling water” to “carefully wash masks.” As with today’s COVID-19 pandemic, soap companies have used their advertising to encourage people to wear masks and to keep them clean, something the Rub-No-More company did over 100 years ago.

Indianapolis News, November 22, 1918. Image: Hoosier State Chronicles.

Despite the Rub-No-More Company having a mostly positive reputation, it wasn’t without controversy. In 1918, the Indianapolis Star reported that the Rub-No-More Company was one of several companies charged with violating the federal child labor law. In a grand jury indictment against them, it was alleged that “three children were required to work ten and one-half hours a day” at their plant. Another issue the company faced came from its manufacturing process— one of “obnoxious odors.” The Indianapolis Times wrote in 1923 that the City of Fort Wayne was seeking a “permanent injunction” requiring the Rub-No-More Company to reconfigure their production process to alleviate the harsh smells that bothered the city’s east side residents.  It is unclear what the outcomes of these situations were, but violations of child labor laws and air quality, somewhat new to American industry in 1918, represented some of the lesser angels of industrialization.

Fort Wayne Journal-Gazette, November 4, 1917. Image: Newspapers.com.

After 35 years of success at the helm, Gustave Berghoff sold the Rub-No-More Company to Procter & Gamble and retired from the company in 1927. The company’s roughly 140 employees were transferred to other Procter & Gamble plants after a transitional period where Rub-No-More Company’s manufacturing stock was used. The Rub-No-More brand continued for many years under the Procter & Gamble umbrella, with advertisements for the product appearing in newspapers well into the early 1950s. Gustave Berghoff, the company’s former president, died on January 25, 1940 at the age of 76. He is buried in Catholic Cemetery in Fort Wayne.

The Rub-No-More Company exists in history as something of a Horatio Alger tale. A German immigrant, helped by his family, purchased a failing firm and turned it into one of the most successful soap companies of the early 20th century. Additionally, its innovative approach to marketing, promotions, and branding ensured its dominance in the marketplace. This story is also about how even a simple item, like a watch fob washing up on the beach in California, can lead to an understanding of one of northern Indiana’s industrial giants at the beginning of the American Century.

How IU’s Thomas Atkins Proved that “Power is Colorless”

Thomas Atkins, 1961, Arbutus yearbook, accessed Indiana University Archives Photograph Collection.

Residents at Smithwood Hall, a racially-integrated women’s dormitory at Indiana University, pelted objects from their windows on April 8, 1960. This did little to drive away the students who surrounded the building, singing segregation songs with lyrics like “Glory, glory Governor Faubus, the South shall rise again” and “Let’s all go to n****r haven.” Not until campus police arrived did the emboldened protesters finally disperse. The reason for their ire? The university had just elected its first African American student body president, Elkhart native Thomas I. Atkins. In fact, he was the first Black student to serve as president of a Big Ten school.

Protesters apparently targeted the dorm “commonly regarded as the key housing unit in campus elections” because residents voted narrowly in favor of Atkins, 388-372. As Thursday night crept into Friday morning, sisters at Alpha Phi discovered a burning cross—a signature of the Ku Klux Klan—on the white sorority’s lawn. It was rumored that some felt the sisters’ voting apathy resulted in Atkin’s victory. Under the cloak of darkness, approximately 400 students congregated at the center of campus, some waving Confederate flags and others shouting that “a bunch of beatniks” had engineered the victory. Before they could hang an effigy of Atkins, campus police broke up the protesters. The hate-filled demonstrations resumed Friday evening, when another fiery cross was found near housing for married students. Leo Downing, dean of students, noted wryly, “‘Our so-called ‘Klan element’ was really stymied in this election. . . . They either had to vote for Atkins, who is a Negro, or for [Mike] Dann, who is Jewish.'”

Campaign poster, 1960, accessed accessed Indiana University Archives Photograph Collection.

Atkins, described by the Indianapolis Recorder as a “mild-mannered honor student and speaker pro tem of the student senate,” responded graciously, stating he would ignore the protests as “‘not representing the Indiana University student body.'”[1] The backlash he experienced would follow him throughout his prolific civil rights law career, but his time in Bloomington helped him learn how to withstand it.

No stranger to adversity, Atkins recalled that after contracting polio at the age of five, doctors told him he would need to use crutches his entire life. Three years later, he was walking unassisted and in 1982 told the Boston Globe “‘One thing [polio] did was convince me that nothing was impossible.'” Developing tenacity at a young age served him well when Elkhart’s elementary schools “accidentally” integrated after the Black school collapsed and the town could not afford to rebuild it. Fearing for his safety, the third grader lined his pockets with rocks the first days he attended the desegregated elementary school.  As a teenager at Elkhart High School, he accomplished what he would at IU: being elected as the school’s first Black student body president.

* * *

The backlash at Indiana University failed to tamp Atkins’s ambitions and the following month, the Muncie Evening Press announced he was the school’s first student to receive the U.S. Experiment in International Living grant. This allowed him to temporarily live in Turkey, where he gained insights for his thesis, “The Role of the Military in Turkish Society.” The Senior, who stayed with an Istanbul family of three, returned home in October and concluded that Turks “cannot see how the United States can propose to lead the free world and still have racial prejudice at home.” The following month he was one of three IU students nominated for a Rhodes Scholarship, which would fund three years of study at England’s Oxford University. So esteemed was Atkins that he was selected as one of twelve Board of Aeons students to advise university president Herman B Wells. In one instance, President Wells called upon him to convince discriminatory Bloomington barbers to cut Black students’ hair. Wells and Atkins convened a meeting with the barbers and, through compromise, got the barbers to agree to cut students’ hair regardless of their race.[2]

While setting himself up for professional success, Atkins made a significant and controversial decision in his personal life. Seven years before the landmark Loving v. Virginia case, in which the Supreme Court ended bans on interracial marriage, Atkins married white South Bend native Sharon Soash. Reportedly, the couple met playing with the Indiana all-state high school orchestra, and in college carpooled to the South Bend-Elkhart area from Bloomington during holiday breaks. Soash had served as Atkins’s student body campaign manger and recently graduated from IU with a history major.

“Parents Against Mixed Marriage,” Terre Haute Tribune, January 1, 1961, accessed Newspapers.com.

So taboo was their romance, that  just before the wedding one photographer staked out at Thomas’s mother’s house in an attempt to snap a picture of the couple; he was quickly rebuffed. While Soash’s father considered Atkins to be a gentleman, he tried to talk her out of the marriage. Unable to be dissuaded, they tied the knot in Cassopolis, Michigan because, according to the Boston Globe, interracial marriage was illegal in Indiana. The newlyweds planned to return to Bloomington and live in a married housing unit, where they no doubt experienced their share of harassment. Now with a spouse to consider, Atkins decided to withdraw from the Rhodes scholarship nomination process.

The South Bend Tribune reported that both Atkins planned to pursue careers in national diplomacy, a field undoubtedly in-demand during the early Cold War years.[3] Thomas was well on his way to this goal after earning a Woodrow Wilson Fellowship, which enabled him to pursue graduate studies at Harvard University. While there, a Ford Foundation fellowship allowed him to train in Arabic and Middle Eastern studies and earn his Masters in 1963. In fact, the Indianapolis Star reported that Atkins earned an astonishing twelve educational fellowships, five of which were from Harvard. Despite his international ambitions, he ultimately chose to fight on the “homefront” while working towards his law degree at the Ivy League school.

That homefront was Boston, where Black parents’ charges of de facto segregation in its public school system had routinely fallen on deaf ears. Atkins turned up the volume as the local NAACP branch’s executive secretary. His knowledge of the law, appreciation of educational opportunities, and ability to withstand racially-charged backlash, made the 25-year-old an ideal advocate for the city’s Black youth. Atkins and other NAACP leaders organized a series of protests beginning in the spring of 1963, like the June 18 “Stay Out for Freedom.” In lieu of school, approximately 8,000 junior and high school students met at ten designated “Freedom Centers,” like St. Mark’s Social Center, where they discussed the Black liberation movement and learned about citizenship. The organizers’ goal was simple: get the Boston School Committee to admit that de facto segregation was present in the district. Atkins summarized “We have not asked the committee to sign away its soul in blood, but merely admit that such a condition exists.” However, the committee refused to concede this fact—and would continue to do so for years.

The assassination of Medgar Evers, a Black WWII veteran and Mississippi NAACP Field Secretary, just days prior to the “Stay Out for Freedom” event underlined the need to fight for racial equality. Atkins served as master of ceremonies at a June 26th memorial service for the slain activist at Parkman Bandstand. Over 15,000 Bostonians turned out to pay their respects and march against injustice. Recognizing that protest must be coupled with policy in order to be effective, Atkins and other leaders hosted a voter registration drive at the memorial service.

Boston Globe, July 29, 1963, 6, accessed Newspapers.com.

Adding to their tactical repertoire, on July 29 Atkins and other activists blocked School Committee members from entering committee headquarters, threatening to do so every day until members agree to meet with NAACP’s Education Committee. Picketers handed out pamphlets to passersby about the “deplorable conditions of the Roxbury schools” and marched carrying signs that read:

“Stop Jim Crow Teacher Assignments”
“Why No Negro Principals?”
“Would You be Patient?”
“Don’t Shoot Us in the Back”

The battle lines firmly drawn, Chairman of the School Committee Louise Day Hicks responded that “Parades, demonstrations and sit-ins may appeal to the exhibitions, but they will not help the Negro school child who everybody admits does need help.”

Fed up with being stonewalled, Atkins, on behalf of the NAACP,  issued an ultimatum to the School Committee the following day, stating it had until August 2 to meet or face bigger demonstrations. Atkins wrote, “It is launched with utmost regret, for the Branch would by far prefer the relatively quiescent atmosphere of the bargaining table to the commotion and clamor surrounding a picket line.” In issuing the ultimatum, Atkins advised the School Committee to consider:

Whether they are willing to accept the moral responsibility for this demonstration and as to whether they are willing to accept the political responsibility of having another debit chalked up on an accounting sheet which already show many more debits than credits in the areas of civil rights.

When that meeting did take place, School Committee members refused to discuss segregation. The longer the dispute went on, the more entrenched both sides grew. Although critical city officials categorized the conflict as a battle of semantics, Atkins and other leaders refused to move the goal post: without addressing segregation’s existence, equality would be impossible. Local reformer Susan Batson explained that de facto “was the most evil kind” of segregation because “no one is responsible and some say it doesn’t exist.”

Boston Globe, September 6, 1963, 1, accessed Newspapers.com.

Surely, the historic March on Washington for Jobs and Freedom in August—at which Martin Luther King Jr. delivered his “I Have a Dream” speech—further empowered Boston leaders, who organized a “sleep-in” at School Committee headquarters. Such demonstrations drew the ire of committee member Joseph Lee, who called NAACP protesters “frauds, mountebanks, and charlatans.” Further, he contended:

they are clearly doing all in their power to obstruct the education of the Negro-American school child in Boston, so that they can perpetually pose as a potential Moses to lead the deprived pupil out of such imposed intellectual bondage–and at the same time pose as saviors to gull [sic?] a handsome living out of white dupers.

To these allegations, Atkins responded as he did to the IU demonstrations, with measured aplomb, stating, “I think it’s amusing.” He suggested that white residents and school committee members were shaken because “The Negro wasn’t proud of being a Negro before. Now he is. There isn’t a Negro Problem in Boston—there is a Boston problem.” But when it became clear that the committee would not recognize segregation, Atkins focused on leveraging the Black vote.  If activists couldn’t get committee members to change their minds, they would change committee members.

“6000 March for Rights in Boston,” Boston Globe, September 23, 1963, 1, accessed Newspapers.com.

That summer, Atkins arranged for mobile registration booths to sweep the city in preparation for the elections. Before an audience of 6,000, gathered at the dilapidated Sherwin School on September 23, he urged, “Don’t complain-vote!,” foreshadowing the pleas of President Obama in 2016. Atkins framed voting as a form of self-help; to not do so would allow the school system to continue to “insult” and “ignore us.” He reminded the crowd that “Abraham Lincoln didn’t free you! He issued a document that has been studiously ignored for 100 years!” While Black and white children played on the playground, their parents sang emancipation anthems like “We Shall Overcome.” The audience also participated in a moment of silence to honor of the victims of the Birmingham bombing that took place just days earlier, another somber reminder of the injustices Black Americans faced.[4]

“Playground Integrated,” Boston Globe, September 23, 1963, 5, accessed Newspapers.com.

With all hands on deck, the NAACP branch set out to collect voters’ signatures, registering 600 new voters in the predominantly-Black Ward #12 by the time polls closed on November 2. This was double the number of new Ward 12 voters registered in 1959. Now all that was left to do was wait as the election results rolled in.

Despite all their picketing, press conferences, and political campaigning, Atkins and fellow activists were dealt a blow when voters reelected each of the School Committee members. In fact, chairman Louise Day Hicks received more votes than even the mayor. Bostonians all but confirmed they agreed with the policy of “separate but equal.” But Atkins’s ability to mobilize Black voters helped sow the seeds of enduring political activism. According to the NAACP, 80% of eligible voters in Black wards turned out to cast their ballots, a percentage staggeringly higher than the 58% turnout in Boston’s other wards.

Atkins’s campaign to desegregate the school district—an effort that would require years of agitation—served another purpose, the Boston Globe noted. The city no longer looked to the South for news of the “Negro revolution.” Chants of liberation resounded in Boston’s streets, and the Globe reported civil rights is now “on the lips of cab drivers and politicians, housewives and factory workers.” The Globe added that the Civil Rights Movement is not an “accidental ripple of the national wave of protest. It is well-planned and seriously developed by a small, devoted band of persons,” Atkins, being one of them. He “has been instrumental in the carrying out of the vigorous, new approach” of the NAACP. The Boston transplant helped inspire a new militancy in the fight for Black liberation, which would culminate later in the decade with the Black Power Movement.[5]

Thomas Atkins, as NAACP executive secretary, leading a beach-in at Carson Beach to advocate for open public facilities in 1975, Boston Globe, June 29, 2008, 16, accessed Newspapers.com.

The 1963 electoral defeat hardly took the wind out of Atkins’s sails. He worked for educational and employment equality when elected Boston’s first Black city councilman in 1967.  Richard Hatcher’s election in Gary, Indiana—making him one of the first Black mayors of a large US city—that same year spoke to incremental gains in political representation for African Americans. In the tumultuous year of 1969, Atkins earned his law degree and went on to become a nationally-renowned civil rights lawyer. He continued to  work with the NAACP to fight for Boston’s Black students in the 1970s and 1980s, overseeing the safe implementation of busing as a means of integration. In trying to mitigate the harassment and violence directed at Black children bused to new schools, he perhaps recalled his own childhood fears of attending Elkhart’s newly-desegregated school.

An NAACP survey inquiring about the challenges South Boston High School students faced in the 1970s confirmed the inadequacy of the education they had received. Atkins recalled:

I was sitting in my office one night, and I reached into my briefcase and here were these forms. So I took them out, and I began sort of absently to read through them. As I read through one after another of these forms, what I saw was that these kids couldn’t spell. They could not write a simple declaratory sentence. And as I read these forms, none of which were grammatically correct or spelling proper, I just started to cry. It was impossible to explain the feeling of pain on the one hand, but on the other hand, I knew we were right.

Indianapolis News, November 9, 1967, 6, accessed Newspapers.com.

Anguish spurred action and Atkins became what The Times, of Munster, Indiana, described as “one of the most active and successful civil rights lawyers in the nation.” He filed segregation suits against school systems in Hammond and Indianapolis, Indiana; Cleveland and Columbus, Ohio; Benton Harbor and Detroit, Michigan; and San Francisco. One activist noted “There’s no place where Tom Atkins wasn’t influential.” According to his son, this prolific work made him a target of death threats and ultimately he left his Roxbury home for the protection of his family. His son described Atkins “running chicken wire over windows to block Molotov cocktails and installing spigots throughout  the seven-bedroom house to connect the hoses for fighting fires.” [6]

* * *

In 1994, Atkins returned to his alma mater for the dedication of IU’s new Thomas I. Atkins Living/Learning Center. On a campus once pockmarked with fiery crosses, stood a residence hall that focused on “academic excellence and cultural awareness-specifically, the culture and history of African and African-Americans.” While social progress had been made since the 1960s, racial issues persisted. The dormitory hoped to change that by facilitating discussions among various races and improve how students related to one another. With the new center, the campus also hoped to attract more Black students, an issue Atkins addressed at his 1994 visit. He said “Leadership is not made of being the first follower. . . . IU needs to get out in front and I don’t think the university has done that sufficiently. I hope IU accepts the challenge to get it done.” After all, “without education, the door is locked” to American minorities.

Times-Mail (Bedford), November 20, 1994, 25, accessed Newspapers.com.

In his 50s, doctors diagnosed Atkins with Lou Gehrig’s disease. He was determined to overcome it through grit and hard work, as he had when afflicted with polio, stating “I believe miracles are usually man-made.” As the disease progressed, the Boston Globe noted he “continued to assist on cases even after he needed his son to translate his slurred speech and a special computer arm to help him peck out sentences.” The indomitable Atkins succumbed to the disease in June 2008, just months before voters elected Barack Obama the nation’s first African American president. His historic election came on the heels of work done by fearless leaders like Atkins, who the Boston Globe described as a “humanist” with a “steely resolve.”  His time in Elkhart and Bloomington helped cultivate this unique blend of empathy and empowerment, best summarized by one of Atkins’s favorite sayings: “Power is colorless. . . . It’s like water. You can drink it or you can drown in it.” [7]

Sources:

[1] “Another Cross Burned After Negro’s Win,” The Times (Munster), April 10, 1960, 6, accessed Newspapers.com.; “Campus Demonstration Follows Election of I.U. Negro Student,” Rushville Republican, April 8, 1960, 1, accessed Newspapers.com.; “Segregation Demonstration Held at I.U.,” Anderson Herald, April 10, 1960, 18, accessed Newspapers.com.; “Whites Attempt to ‘Hang’ in Effigy, Negro Prexy [sic?] at IU,” Indianapolis Recorder, April 16, 1960, 1, accessed Hoosier State Chronicles.

[2] “3 Seek Rhodes Scholarship,” Indianapolis Star, November 6, 1960, 18, accessed Newspapers.com.; “Foreign Study Grant to Indiana Studied,” Muncie Evening Press, May 27, 1960, 7, accessed Newspapers.com.; “Thomas I. Atkins, Rights Champion and City Councilor, Dies,” Boston Globe, June 29, 2018, 16, accessed Newspapers.com.; “Turks Believe Race Prejudice Moral Question,” Indianapolis Star, October 3, 1960, 22, accessed Newspapers.com.; Andrew Welsh-Huggins, “Atkins a Campus Activist since 1960,” Times-Mail (Bedford), November 20, 1994, 25, accessed Newspapers.com.

[3] Erin Moskowitz and Mark Feeney, “Civil Rights Trailblazer Atkins Dies at 69,” Boston Globe, June 29, 2008, accessed Boston.com.; John H. Gamble, “Atkins and Bride Look to Career,” South Bend Tribune, January 1, 1961, accessed Newspapers.com.; “Parents Against Mixed Marriage,” Terre Haute Tribune, January 1, 1961, 1, accessed Newspapers.com.; “Student Leaders in Interracial Nuptials in Mich.,” Indianapolis Recorder, January 7, 1961, 7, accessed Hoosier State Chronicles.; “Thomas I. Atkins, Rights Champion and City Councilor, Dies,” Boston Globe, June 29, 2018, 16, accessed Newspapers.com.; “White Girl Marries Negro I.U. Leader,” South Bend Tribune, December 31, 1960, 1, accessed Newspapers.com.

[4] “14 Get Wilson Grants at N.D.,” South Bend Tribune, March 13, 1961, 16, accessed Newspapers.com.; “15,000 to Mourn Evers Here,” Boston Globe, June 26, 1963, 7, accessed Newspapers.com.; “Atkins Named Director of Federal Bank,” South Bend Tribune, January 9, 1980, 16, accessed Newspapers.com.; Boston Globe, July 29, 1963, 1, 6, accessed Newspapers.com.; Boston Globe, June 17, 1963, 1, 3, accessed Newspapers.com.; “Elkhart Native Seeks Boston Mayoral Bid,” Indianapolis Star, May 13, 1971, 13, accessed Newspapers.com.; “Fellowship to Elkhartan,” South Bend Tribune, June 1, 1962, 20, accessed Newspapers.com.; Ian Forman, “De Facto Sleeping Giant in Mrs. Hicks’ Smash Win,” Boston Globe, November 6, 1963, 1, 29, accessed Newspapers.com.; “Hub School Boycott Planned by Negroes,”1963 Year of Ferment for Negroes in Boston,” Boston Globe, December 25, 1963, 43, accessed Newspapers.com; Boston Globe, June 13, 1963, 12, accessed Newspapers.com.; Robert L. Levey, “Does Bias Win Votes in the Hub?,” Boston Globe, August 20, 1963, 11, accessed Newspapers.com.; Robert L. Levey, “‘Don’t Complain-Vote,’ Atkins Urges Negroes,” Boston Globe, September 23, 1963, 1, accessed Newspapers.com.; Robert L. Levey, “How Hub Negro Protest Gains,” Boston Globe, December 8, 1963, 75, accessed Newspapers.com.; “Mrs. Hicks Asks Brooke Help Halt School Boycott,” Boston Globe, June 14, 1963, 1, accessed Newspapers.com.; Richard J. Connolly, “New Demonstrations Due: Hot Words Fly in Sit-In Fight,” Boston Globe, September 8, 1963, 1, 22-25, accessed Newspapers.com.; “Some 3,000 Boston Negro Pupils Boycott Classes in Mass Protest,” North Adams Transcript (Massachusetts), June 18, 1963, 1, accessed Newspapers.com.; “Text of a Statement Read by Thomas Atkins, Executive Secretary of the Boston Branch NAACP, Concerning Direct Action to Be Taken Against the Boston School Committee,” July 30, 1963, Boston Public Schools Desegregation Project, Northeastern University Library Digital Repository Service.

[5] Robert L. Levey, “How Hub Negro Protest Gains,” Boston Globe, December 8, 1963, 75, accessed Newspapers.com.; “N.A.A.C.P.: Vote on ‘Racial Basis,” Boston Globe, November 6, 1963, 29, accessed Newspapers.com.; “Political ‘Consciousness’ is Sweeping Negroes,” Pittsburgh Courier, November 2, 1963, 5, accessed Newspapers.com.

[6] Associated Press, “Negroes Win Many Races,” Spokane Daily Chronicle, November 8, 1967, accessed Google News.;”Discrimination Charges Aired,” The Times (Munster, IN), August 8, 1978, 17, accessed Newspapers.com.; “Education for Blacks is Issue–Not Busing,” Palladium-Item (Richmond, IN), September 9, 1981, 9, accessed Newspapers.com.; Felicia Gayle, “Integration Suit Begins,” The Times (Munster, IN), July 27, 1979, 1, accessed Newspapers.com.; Steven Hansen, “Activist Profiled,” The Times (Munster, IN), August 24, 1978, 11, accessed Newspapers.com.; Eric Moskowitz and Mark Feeney, “Civil Rights Trailblazer Atkins Dies at 69,” Boston Globe, June 29, 2008, B3, accessed Newspapers.com.; “NAACP Lawyer Faces Arrest,” South Bend Tribune, July 26, 1978, 3, accessed Newspapers.com.; “New Boston Councilman,” Indianapolis News, November 9, 1967, 6, accessed Newspapers.com.; David M. Rosen, “Boston May Call in U.S. Marshals,” The Republic (Columbus, IN), October 8, 1974, 13, accessed Newspapers.com.; Howard M. Smulevitz, “IPS Desegregation Plan Calls for Busing of 41,000 Pupils,” Indianapolis Star, November 14, 1978, 2, accessed Newspapers.com.; Howard M. Smulevitz, “Ohio Decisions Seen Lending Weight to Dillin’s Busing Stand,” Indianapolis Star, July 3, 1979, 9, accessed Newspaper.com.; Transcript, “The Keys to the Kingdom (1974-1980),” Eyes on the Prize: America’s Civil Rights Movement, 1954-1985, accessed PBS.org.

[7] “A Boston Pioneer and his Mark,” Boston Globe, July 1, 2008, 10, accessed Newspapers.com.; Lejene Breckenridge, “Achievements of Ex-Elkhartan Honored at I.U.,” South Bend Tribune, January 3, 1995, 1, accessed Newspapers.com.; Lauren Fagan, “Civil Rights Attorney, Elkhart Native Atkins Dies,” South Bend Tribune, July 2, 2008, B3, accessed Newspapers.com.; Eric Moskowitz and Mark Feeney, “Civil Rights Trailblazer Atkins Dies at 69,” Boston Globe, June 29, 2008, B3, accessed Newspapers.com.; Andrew Welsh-Huggins, “Exploring the Culture of Color,” and “Atkins a Campus Activist since 1960,” Times-Mail (Bedford), November 20, 1994, 25, accessed Newspapers.com.

Former State Legislators Agree: Politics Has Changed

Indiana General Assembly, no date, courtesy of the Indiana State Library.

For many former Indiana lawmakers, the legislative and technological world feels quite different from the one in which they began their political careers. Recently, The Wall Street Journal reported that statistically the U.S. is the only democratic nation in the world where social trust has seen a major decline, suggesting political polarization is the major driving force.[1] Luckily, history provides us with perspective in these contentious times, reminding us of an age when things were once different and that there is always hope for change.

According to former legislators of the Indiana General Assembly (IGA), politicians have generally collaborated well and operated in an atmosphere where, despite political disagreements, most worked congenially across party lines. This is not to say that political polarization is as tense as it appears at the federal level, but Indiana Legislative Oral History Initiative (ILOHI) interviews indicate that bipartisanship is harder in Indiana than it once was. As ILOHI’s oral historian, I found myself hearing over and over again from legislators who began their careers in the 1960s, 1970s, and 1980s that state politics have changed, that the current political climate is less collegial. This belief was echoed by former legislators of both major political parties.

Rep. Choice Edwards (R), “History of the IBLC,” accessed indianahousedemocrats.org.

When asking former Republican legislators about their impressions of bipartisan cooperation during their service compared to today, I was given the following responses. Former Republican Rep. Ned Lamkin, who served in the House of Representatives from 1967 to 1982 and was crucial in creating Unigov legislation (which merged Marion County and the City of Indianapolis), stated: “ bipartisan groups would go to lunch together every day . . . so we had really good . . . collegial relationships with one another unlike it is today . . . we really did say ‘only 10% of this is political.’” Lamkin’s African American colleague, Representative Choice Edwards, served during the 1969 session and helped pass Unigov into law. In an ILOHI interview, Edwards recounted his experience in the IGA, saying “So it went from very serious kinds of things to jovial . . . you know I believe to quote the philosopher Mencius if you ain’t laughing you ain’t living. So, I believe in . . . trying to ease tensions with laughter.”

Edwards’ predecessor, Republican Van Smith, who served in the Indiana House of Representatives in 1961 and was chairman of former Vice President Mike Pence’s successful 2012 gubernatorial campaign, echoed these same thoughts. He reflected:

There’s not deep bipartisan political respect that there once was. I don’t know I would have as much enjoyment in the legislature as I had before. I don’t know if I would have as much fun running for public office as I had before. There is this tendency to really build extreme vitriol positions against personalities, rather than have a good discussion of issues. It saddens me, because it’s a magnification in both parties, it’s a magnification of the bitterness, the attractiveness of being bitter. . . I am a staunch Christian and it just ain’t good.

Rep. Charlie Brown (left), accessed NWI Times.

Former Democratic legislators, like Rep. Charlie Brown, who served from 1982 to 2018, too observed increasing political polarization. Brown contended:

It’s just over the last six years, that what you see at the federal level was at the local level here. It used to be that we’d fuss and fight on the floor or in committee, but then go out and have a drink or have dinner together. That changed drastically over the last six or eight years. It was a total separation and isolation of the parties as it is at the federal level. I don’t know what brought that on. We just do not have that camaraderie any longer.

Democrat Lindel Hume, who served in the House of Representatives from 1974 to 1982 and the Senate from 1982 to 2014, echoed this, stating

It’s a tale of two legislatures . . . Whether you were Democrat or Republican you had friends on both sides of the aisle and you would kid around together . . . A much better relationship across party lines and one of the reasons I decided to retire from the legislature was that it just wasn’t the same.

African American teacher and Democratic legislator Earline Rogers served in the House from 1983 to 1990 and Senate from 1990 to 2016. She noted that despite differing races or parties, her statehouse colleagues respected and related to one another, adding that the public probably wouldn’t “recognize the camaraderie that’s there.” She also recalled that while caring for loved ones diagnosed with cancer, she and Republican colleague Tom Wyss, “went through something together. . . there’s a bond that political parties just can’t break up.”

The Herald (Jasper, IN), February 23, 1984, 3, accessed Newspapers.com.

While the legislators agreed that polarization had intensified, most did not attribute it to a specific source. One major factor exists today that did not in the early careers of former legislators: the internet. The Pew Research Center reported in early 2020 the results of a survey regarding how trustworthy Democrats and Republicans found 30 different news sources. The results found that Democrats trusted 22 of the sources and Republicans distrusted 20 of the sources, showing a deep divide.[2] The Wall Street Journal noted a few months back that mathematicians studying the role of social media in political polarization are seeing a disturbing trend, where social media sites appear designed to highlight the most contentious and extreme political posts.[3]

According to Facing History & Ourselves, online platforms “use algorithms to expose viewers to increasingly extreme content, which can lead them to fringe political views without their realizing it. . . . Spending time in a political echo-chamber can make it easier for negative feelings toward members of the other political party to develop.”[4] Information has become inherently political and it is harder than ever to discuss it, because so many have come to only trust information that fulfills their political biases. As a result, it is like throwing gasoline on a fire by reinforcing the idea that the other “side” is too extreme or untrustworthy to even interact with. In addition to “media bubbles,” Facing History cites “in-group bias,” or tribalism, and changing election policies like campaign finance reform and gerrymandering for increasing political polarization.

Indiana General Assembly, ca. 1948-1953, courtesy of the Indiana Historical Society.

The 2021 session indicated that the party divide among Indiana legislators isn’t likely to narrow any time soon, given the recent tension in the Assembly over a proposed bill regarding a South Bend school district. When Democrats belonging to the Black Legislative Caucus expressed concerns that the  bill would lead to racial segregation in South Bend, it was reported that a group of white Republican legislators booed and heckled them.[5] The conflict moved from the House floor to outside the chambers, and there, according to WFYI, a white male lawmaker had a confrontation with a black female legislator.[6] Democrats called for implicit bias training after the incident. While some legislators pushed back against this proposal, lawmakers on both sides of the aisle agreed that the conflict exposed serious issues in the IGA.

Perhaps, if there is one thing we can learn from former legislators, it is that things don’t have to be this way, that political echo chambers can be dismantled. The Association of Retired Members of the Indiana General Assembly, a bipartisan group founded in 2016, is hoping to restore civility and bipartisanship among legislators. An Indy Star op-ed noted the group is “joined in fellowship of our common legislative and political experiences as well as our respect for the legislative process.”[7] Every two years, it awards legislators who demonstrate courtesy and respect for other members, are willing to find common ground, demonstrate self-discipline, and appreciate the rights of others. The op-ed’s author stated, and ILOHI interviewees confirmed, “Legislators are human and can be passionate. They can also be civil and work together for the good of our state.”

Sources:

[1] Kevin Vallier, “Why Are Americans So Distrustful of Each Other?,” The Wall Street Journal, accessed WSJ.com.

[2] Mark Jurkowitz, Amy Mitchell, Elisa Shearer and Mason Walker, “U.S. Media Polarization and the 2020 Election: A Nation Divided,” accessed Pew Research Center.

[3] Christopher Mims, “Why Social Media Is So Good At Polarizing Us,” The Wall Street Journal, accessed Wall Street Journal.

[4] “Explainer: Political Polarization in the United States,” accessed Facing History & Ourselves.

[5] Brandon Smith, “Tensions Flare as Some Republicans Boo, Heckle Black Democrats on House Floor,” WBAA, February 19, 2021, accessed wbaa.org.

[6] Brandon Smith, “‘Nothing Was Normal’ About 2021 Legislative Session Amid COVID-19 Pandemic,” WFYI, April 26, 2021, accessed wfyi.org.

[7] Op-Ed, “Bipartisanship Group of Retired Indiana Lawmakers Encourages Civility,” Indianapolis Star, May 2, 2021, accessed IndyStar.com.

Injustice, Genocide, and “Survivance”: Re-centering the Potawatomi at Sycamore Row, Part Two

This is Part Two of a two-part post.

In Part One we presented the text for a new marker at Sycamore Row in Carroll County, Indiana which will replace a 1963 marker that was recently damaged. This new text focuses less on unverifiable legends about sycamore trees sprouting along the Old Michigan Road told by the original marker text, in order to make room for the history of the Potawatomi that is intertwined with the creation of the road. The new marker still tells the story of the trees and their preservation—history that the local community values—but it now also hints at the complex history of the injustices the U.S. perpetuated against the Potawatomi. The marker’s limited space doesn’t allow IHB to tell the larger story, so we are expanding on that here. This story of injustice, genocide, and survivance* is often lost by historians presenting a version of Indiana history as a march towards progress. To truly understand our state’s history and the atrocities perpetuated in the name of that “progress,” we must re-center the Potawatomi and other indigenous People in that story.

“Me-Te-A, A Pottawatimie Chief,” n.d., lithograph, Allen County – Fort Wayne Historical Society Collection, Purdue University Fort Wayne, accessed Indiana Memory.

Potawatomi Removal, Genocide, Resistance, and Survivance

The Potawatomi lived in the land now called the United States for centuries before European people settled here. By the 13th century, but likely earlier, the Potawatomi (then the Bodewadmi) were living in what is now Eastern Canada and the Northeastern United States. They were one of a group of Algonquin-speaking tribes united with the Odawa (Ottawa) and Ojibwe (Chippewa) into a collective called Nishnabe, which still exists to this day. (Learn more about the history of the Potawatomi through the Citizen Potawatomi Cultural Heritage Center). [1]

Over the centuries, the Potawatomi migrated inland as their prophets had predicted, settling around the Great Lakes Region.  Potawatomi men fished and hunted deer, elk, and beaver. Potawatomi women maintained areas of cultivated crops, which have usually been referred to as gardens, but according to historian and professor Jeffrey Ostler, these plots should be recognized as farms. Some of them were as large as 100 acres or more, surrounded by fences and producing bounties of corn, beans, pumpkins, and wheat. According to the Milwaukee Public Museum, in the winter, the Potawatomi lived in small groups coordinated with specific hunting territories. In the spring, they gathered in large villages for communal hunting and food production. Required to marry outside of one’s own community, Potawatomi people created a network of social bonds through these marriages. Trade also strengthened these relationships between communities. The Potawatomi did not have a chief that spoke for the entire tribe, but instead, village heads who met in council with the leaders of other Potawatomi communities to make decisions through intricate diplomatic negotiations. Recognizing this decentralized system of government is important in understanding the duplicitous treatymaking explained later in this post.[2]

After clashes with the Iroquois in the 17th century, the Potawatomi lived peacefully, and for a time, enjoyed a mutually beneficial partnership with French trappers in the 18th century, according to John Boursaw, a member of the Citizen Potawatomi Nation and former director of the Citizen Potawatomi Cultural Heritage Center (CPCHC). However, when hundreds of Potawatomi men joined the French to fight in the Seven Year’s War starting in 1757, some returned carrying smallpox. The Great Lakes Potawatomi were devastated by the epidemic. They were also impacted by the defeat of the French by the British in 1763, with different indigenous communities supporting the French, the British, and the fledgling United States. [3]

After the American Revolutionary War, the new United States government began pushing West, surveying and selling land.  The U.S. government worked towards this end through military action, economic pressure, treaty negotiations, and sanctioned genocide in order to make space for white male settlers to farm the land. White squatters and militias also murdered indigenous peoples for their land. (Learn more about 18th and early 19th-century removal and persecution of indigenous peoples in the Midwest). [4]

The Potawatomi resisted U.S. expansion in multiple ways. For example, they fought against the U.S. in the Ohio Indian Wars, they joined Tenskwatawa and Tecumseh’s resistance after 1805, and allied with the British during the War of 1812. Many of the gains the Potawatomi made were lost after the British defeat when the crown ceded its midwestern lands to the U.S. [5]

George Winter, “Pottawattamie Indians,” 1837, watercolor, Tippecanoe County Historical Association Collection, Purdue University, accessed Indiana Memory.

By 1825, the state and federal governments were applying severe pressure on the Potawatomi to leave Indiana. The government systematically worked to extinguish Indian-held land titles negotiated through previous treaties. And there was always the threat of violence, both from encroaching white settlers and the U.S. military. The state government viewed the Miami lands as blocking the development of the Wabash, and Erie Canal and Potawatomi lands as blocking the creation of the Michigan Road. Indiana legislators pushed for removal of both peoples. [6]

U. S. Government Strategies for Indigenous Land Theft

The U.S. government had several strategies for forcing Native Peoples to cede land. According to Blake Norton, curator of the Citizen Potawatomi Nation Cultural Heritage Center,

U.S. leaders exploited tribal autonomy by making treaties with individual villages, rather than large regional bands. This tactic helped divide communities, as gifts and annuities were leveraged against those unwilling to go. [7]

The loss of land in areas where Native Peoples were removed impacted those who remained. They could no longer self-sufficiently live off the land and they became reliant on annuities while being pushed into debt. This was intentional. As Thomas Jefferson explained to William Henry Harrison in an 1803 letter:

We shall push our trading houses, and be glad to see the good and influential individuals among [Great Lakes Indians] run in debt, because we observe that when these debts get beyond what the individuals can pay, they become willing to lop them off by a cession of lands. [8]

Nellie Armstrong Robertson and Dorothy Riker, eds., John Tipton Papers Volume I: 1809-1827 (Indianapolis: Indiana Historical Bureau, 1942, Indiana State Library Digital Collections.

By 1826, the United States government tasked three commissioners, including General John Tipton, an Indian agent working out of Fort Wayne, with securing land cessions from the Potawatomi. The proposed treaty would make way for what would become the Michigan Road. John Tipton would benefit professionally and financially from this suppression and disenfranchisement of the Potawatomi—a microcosm of the larger story about the United States building its empire on the stolen lands of Indigenous People. [9]

The U.S. commissioners tasked with treatymaking presented these land cessions to the bands as a way for the Potawatomi to pay off debts claimed against them. Again, the Potawatomi only owed these debts to traders and Indian agents because they had been forced from their traditional livelihoods—an intentional part of the larger government plan to remove them. In addition to clearing accrued debt, the U.S. commissioners also promised the Potawatomi a group of eighty-six land reserves where they would hold title. [10]

According to educator and historian Juanita Hunter, other techniques used by government officials to take the Potawatomi ancestral land included: negotiating with members not authorized to speak on behalf of a tribe while referring to them in treaties as “chiefs;” making treaties with rival tribes with no claims to the land; introducing alcohol into negotiations; and encouraging encroachment of settlers onto Indian land. The threat of military intervention was also ever present. [11]

“Deceitful Lips”: The 1826 Treaty with the Potawatomi

James Otto Lewis, “Me-No-Quet, A Distinguish’d Pottowatomie Chief,” 1827, lithograph, Allen County – Fort Wayne Historical Society Collections, Purdue University Fort Wayne Digital Collection, accessed Indiana Memory.

Under these conditions, twenty-four bands of Potawatomi gathered near the Mississinewa River in Wabash County, Indiana, on October 5, 1826. Bands of Miami were also present for similar negotiations. The commissioners began the proceedings by pushing for complete removal. They painted a bright picture of life beyond the Mississippi River and promised white settlement would never touch them there. Commissioner Lewis Cass, also governor of Michigan Territory, claimed:

We are authorized to offer you a residence there, equal in extent to your land here, and to pay you an annuity, which will make you comfortable, and to provide the means of your removal . . . You will then have a country abounding in game . . . Your Great Father will never suffer any of his white children to reside there, for it is reserved for the red poeple [sic]. It will be yours, as long as the sun shines, and the rain falls. [12]

These were empty promises, and the indigenous leaders knew it. They responded that the white men had caused the problems that the indigenous bands were now facing. They explained that they could not go West because there were already people living there—other native groups with their own claims to the land. Speaking for himself and Potawatomi leader Aubanaubee, Miami leader Legro stated:

You speak to us with deceitful lips, and not from your hearts. You say the game is going away and we must follow it; who drove it away?  . . . Before you came, the game was plenty . . . We own there is game there, but the Great Spirit has made and put men there, who have a right to that game, and it is not ours. [13]

James Otto Lewis, “Pe-Che-Co, A Pottowattomie Chief, Painted at the Treaty of Mississinewa,” 1827, Allen County Fort Wayne Historical Society Collection, Purdue University Fort Wayne Digital Collection, accessed Indiana Memory.

The secretary documenting the details of the treaty negotiations recorded no more of the proceedings, which continued for several days. It is clear from Legro’s words that they did not want to cede more land, and yet they ultimately did. The terms of the 1826 Treaty with the Potawatomi can give us some clues to what happened. [14]

Article I provided over $30,000 in goods to the Potawatomi. With this provision, white stakeholders profited twice. The traders providing the goods received payment from the government, while the government would turn around and sell the land to settlers for profit. These annuities also furthered Potawatomi dependence on the U.S. government, which would ultimately push them further into debt. [15]

Article I also provided $9,573 in payments for debts that traders claimed the Potawatomi owed them. In a blatant conflict of interest, it was Tipton, a commissioner who regularly befitted from suppressing and removing the Potawatomi through his speculative land dealings, who decided (in his role as Indian agent) just how much debt the Potawatomi owed. [16]

The Potawatomi pushed back for larger payments and succeeded to some extent. They were able to negotiate for an annual payment of $2,000 over a period of twenty-two years with additional money provided for education and for a mill built at government expense. But Legro’s prediction was correct. The government spoke with “deceitful lips,” and the Indigenous Peoples would not receive twenty-two years of payments. Instead, the government would force them off their ancestral land within only twelve years. [17]

Article II of the treaty was even more disastrous for the Potawatomi. In this section, which included the provisions for the future Michigan Road, the treaty makers were careful not to define the route of the road. The Potawatomi thought they were ceding a mile-wide strip of land in a straight, contiguous line for the route. Even Tipton, in private correspondence, admitted that this was also his understanding of the provision. He told the land office commissioner Elijah Hayward:

I feel bound to state to you, and through you to the President, that, at the time of negotiating this treaty, these Indians did not understand that their land, not embraced within the bounds of the tract then ceded, would be required to construct this road, except where the road passed through the country retained by them . . . This was also my understanding of this treaty at the time it was made. [18]

Instead, when the State of Indiana began surveying the route, they chose a circuitous route around swamps and other undesirable land. The Potawatomi resisted this change, stopping and confronting surveyors, and delaying the road-building operation. Other councils were held between commissioners and some Potawatomi members while settlers and government officials continued to press for complete removal. In September 1831, Potawatomi members of dubious authority ceded the land for the circuitous route. Without information from the indigenous perspective it is hard to know exactly how this happened. Reports of U.S. officials claim that through an interpreter “of mixed blood,” who was educated in white schools and worked for a fur trading company, they were able to get “a few young chiefs” intoxicated and convince them to cede more land. Looking at the history of U.S. negotiation tactics, it is likely that these young men were not authorized to make such a deal. [19]

The new route for the Michigan Road cut through the remaining Potawatomi lands, further isolating and cordoning off the indigenous bands. According to Hunter, ” The commissioners, in fact, saw this fractionalization as one reason for the ratification of the treaty.” John Tipton wrote:

It was then important that the Indians be separated into bands, by the intervention of our settlements . . . We could not purchase any particular district near the centre of the Pattawatamie [sic] country; but that tribe freely consented to give us land for the road described in the treaty, and for the settlement along it. Such a road . . . will sever their possessions, and lead them at no distant day to place their dependence upon agricultural pursuits, or to abandon the country. [20]

The Potawatomi refused to sell the bulk of their lands. However, the commissioners planned the road so that it cut through the middle of indigenous lands. This purposeful intercession combined with white settlement along the road, cut Potawatomi territory into unconnected pieces, weakening their holdings. State and government officials then turned their attention to removal.

Map, “Potowatomie Reserves by Treaty of 27th October 1832,” March 27, 1832, Indiana State Archives, accessed Indiana Memory.

Trail of Death

In May 1830, President Andrew Jackson signed the Indian Removal Act, authorizing “an exchange of lands with the Indians residing in any of the states or territories, and for their removal west of the river Mississippi.” [21] The state and federal government, along with white settlers and squatters, continued to apply pressure for Potawatomi removal. In the 1832 Treaty of Tippecanoe, Potawatomi “chiefs” supposedly sold much of the remaining land. Menominee, an important Potawatomi leader, denied the validity of this treaty and resisted removal. [22] He wrote to a federal Indian agent, referring optimistically to President Van Buren:

The President does not know the truth . . . He does not know that you made my young chiefs drunk and got their consent and pretended to get mine. He would not drive me from my home and the graves of my tribe, and my children, who have gone to the Great Spirit, nor allow you to tell me that your braves will take me, tied like a dog. [23]

Menominee stood his ground and gathered followers. In response, Indiana Governor David Wallace had him arrested and ordered the forced removal at gunpoint of most of the remaining Potawatomi. The CPCHC explained:

On the morning of September 4, 1838, a band of 859 Potawatomi, with their leaders shackled and restrained in the back of a wagon, set out on a forced march from their homeland in northern Indiana for a small reserve in present-day Kansas. To minimize the temptation for the Potawatomi to try to escape and return home, militia members burned both fields and houses as the dejected members of the wagon train departed. [24]

George Winter, “Pottawattamie Emigration,” 1838, Tippecanoe County Historical Association Collection, accessed Citizen Potawatomi Nation Cultural Heritage Center, https://www.potawatomiheritage.com/encyclopedia/trail-of-death/

A white witness described the scene:

The whitemen were gathering thick around them, which was but a sad necessity for their departure. Still they clung to their homes. But the flames of the torch were applied—their villages and wigwams were annihilated. [25]

It was John Tipton who led the militia group that forced the Potawatomi on this Trail of Death. In a horrific twist of irony, the route they took followed part of the Michigan Road. According to the CPCHC:

The journey was a 660-mile trek for which the Potawatomi were not prepared and through terrain to which they were not accustomed. The heat was oppressive and water was often scarce. They had only a few hundred horses to carry people and supplies, and promised additional wagons did not arrive before their departure; so, even the weak and elderly were forced to walk. The pace and conditions of the march debilitated the health of travelers. A day rarely passed that a member of the party did not die, usually a child, forcing their bereft and exhausted families to leave the bodies behind in hastily dug graves. In the end, more than forty people died during what the Potawatomi came to call the Trail of Death. [26]

This tragedy was not some unintended consequence of settlement. Removal was the plan from the beginning. The U.S. government, state governments, and white settlers chose the systematic genocide of Indigenous Peoples in order to take their native lands for their own use. Methods for the perpetuation of this crime included the tactics seen here: making treaties with people not authorized to speak on behalf of indigenous bands, pushing Indigenous Peoples into debt and dependence through encroachment and over hunting, flagrantly violating treaties, and finally, violence and murder. White people benefited directly from this genocide, taking the fertile land and prospering while continuing the persecution of Native Peoples. [27]

For example, Tipton, who helped negotiate the 1826 Treaty and led the forced removal of the Potawatomi, bought several sections of land along the Michigan Road. He later benefited financially from the sales of these lands as businesses and residences sprung up along the road. In 1831, John Tipton purchased the land surrounding the section of the Old Michigan Road called Sycamore Row, where IHB and local partners will install a new historical marker. We can only hope that the phrases on that marker about the 1826 Treaty and the pressure put on the Potawatomi will spur interest in learning more about this enduring people. [28]

George Winter, “Sinisqua,” 1842, watercolor, Tippecanoe County Historical Association, Purdue University, accessed Indiana Memory.

Survivance

And they did endure. Even in the face of persecution and genocide, the Potawatomi continue today as sovereign nations, including the Prairie Band Potawatomi Nation located in Kansas and the Pokégnek Bodéwadmik, or Pokagon Band of Potawatomi, located in Michigan and Indiana. These tribal governments maintain their own educational and health systems, infrastructure, housing developments, law enforcement, and more. The Potawatomi people also continue to teach future generations traditional culture, arts, history, and language. In 1994, the U.S. government finally recognized the sovereignty of the Pokagon Band through an act of Congress signed by President Bill Clinton. [29]

“Pokagon Band of Potawatomi commemorate 25th anniversary of Reaffirmation of Sovereignty,” (Winnipeg, Canada) Indian Life, November 4, 2019, https://www.newspaper.indianlife.org/.

According to the Pokagon Band:

The Pokagon people have endured thanks in part to their values of Wisdom, Love, Respect, Truth, Honesty, Humility, and Bravery. Adapting these deeply-rooted ideals to contemporary circumstances has made the Band an engine for economic development and a model for sustainable living in the region. [30]

Learn more about the Potawatomi culture through the Pokagon Band Potawatomi website and the Citizen Potawatomi Cultural Heritage Center.

http://www.pokagonband-nsn.gov/

* “Survivance” is a term coined by White Earth Ojibwe scholar Gerald Vizenor to explain that Indigenous People survived and resisted white colonization and genocide and continue as a people to this day. Theirs is not a history of decline. Their work preserving and forwarding their culture, traditions, language, religions, and struggle for rights and land continues.

Sources:

[1] Citizen Potawatomi Cultural Heritage Center, “History,” https://www.potawatomiheritage.com/history/; Jon Boursaw, “The Flint Hills: A Major Chapter in Potawatomi Migration,” Symphony in the Flint Hills Field Journal (2011): 28-37, Kansas State University Library, newprairiepress.org/sfh/2011/flinthills/3/.

[2] Citizen Potawatomi Cultural Heritage Center, “History,” https://www.potawatomiheritage.com/history/; “Potawatomi,” Milwaukee Public Museum, http://www.mpm.edu/content/wirp/ICW-56.

[3] Boursaw, 29-30; Jeffrey Ostler, Surviving Genocide: Native Nations and the United States from the American Revolution to Bleeding Kansas (New Haven and London: Yale University Press, 2019), 34-35.

[4] Jill Weiss Simins, “Democracy for Some: Defining the Indiana Landscape through the Rectangular Survey System,” Untold Indiana, December 2017, https://blog.history.in.gov/democracy-for-some-defining-the-indiana-landscape-through-the-rectangular-survey-system/. For a more thorough study of the genocidal policies and actions of the United States government, area militias, and squatter-settlers, see Roxanne Dunbar-Ortiz, An Indigenous Peoples’ History of the United States (Boston: Beacon Press, 2014).

[5]”Potawatomi,” Milwaukee Public Museum.

[6] Juanita Hunter, “Indians and the Michigan Road,” Indiana Magazine of History 83, No. 3 (September 1987): 244-266.

[7] “The United States’ Handling of the ‘Indian Problem’,” Citizen Potawatomi Nation, September 7, 2018, https://www.potawatomi.org/the-united-states-handling-of-the-indian-problem/.

[8] Thomas Jefferson to William Henry Harrison, February 27, 1803, Founders Online, National Archives, https://founders.archives.gov/documents/Jefferson/01-39-02-0500.

[9] John Tipton, Land Deed, State Volume Patent, Indiana, Issued January 3, 1831, Document Number: 11836, Accession Number: IN1110_.054, U.S. Department of Land Management, U.S. Department of the Interior, accessed glorecords.blm.gov/; John Tipton, Land Deed, State Volume Patent, Indiana, Issued January 3, 1831, Document Number: 11837, Accession Number: IN1110_.055, U.S. Department of Land Management, U.S. Department of the Interior, accessed glorecords.blm.gov/; Nellie Armstrong Robertson and Dorothy Riker, eds., John Tipton Papers, Volume I: 1809-1827 (Indianapolis: Indiana Historical Bureau, 1942), accessed Indiana State Library Digital Collections; “Trail of Death,” Citizen Potawatomi Nation Cultural Heritage Center, https://www.potawatomiheritage.com/encyclopedia/trail-of-death/.

[10] Armstrong Robertson and Riker, Tipton Papers: Vol. I, 537; Ratified Indian Treaty 146: Potawatomi – Near Mouth of Mississinewa Upon the Wabash, October 16, 1826, National Archives Catalogue No. 121651643, Record Group 11, National Archives, https://catalog.archives.gov/id/121651643; Hunter 244-45.

[11] Hunter, 246.

[12] Armstrong Robertson and Riker, Tipton Papers: Vol. I, 578-80; Hunter, 252.

[13] Ibid.

[14] Ibid.; Ratified Indian Treaty 146: Potawatomi.

[15] Ibid.; Hunter, 254; Tipton Land Deed 11836; Tipton Land Deed 11837.

[16] Ibid.

[17] Ratified Indian Treaty 146: Potawatomi; Hunter 254-56.

[18] Armstrong Robertson and Riker, Tipton Papers: Vol. II, 419; Hunter, 256.

[19] Hunter, 256-57.

[20] Armstrong Robertson and Riker, Tipton Papers: Vol. I, 602; Hunter, 266.

[21] “An Act to Provide for an Exchange of Lands with the Indians Residing in Any of the States or Territories, and for Their Removal West of the River Mississippi,” May 28, 1830, Twenty-First Congress, Session I, Chapter 148, 411, A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, American Memory, Library of Congress.

[22] “Articles of a Treaty Made and Concluded on Tippecanoe River, in the State of Indiana, between Jonathan Jennings, John W. Davis and Marks Crume, Commissioners on the Part of the United States, and the Chiefs, Headmen and Warriors, of the Pottawatimie Indians” (Treaty with the Potawatomi, 1832), The Avalon Project: Documents in Law, History and Diplomacy, Yale Law School, Lillian Goldman Law Library, https://avalon.law.yale.edu/19th_century/pot1832.asp.

[23] “Potawatomi Trail of Death,” Kansapedia, 2012, Kansas Historical Society, https://www.kshs.org/kansapedia/potawatomi-trail-of-death/17944.

[24] “Trail of Death,” Citizen Potawatomi Cultural Heritage Center, https://www.potawatomiheritage.com/encyclopedia/trail-of-death/.

[25] “Potawatomi Trail of Death,” Kansas Historical Society.

[26] “Trail of Death,” Citizen Potawatomi Cultural Heritage Center.

[27] See footnote 4.

[28] Tipton Land Deed 11836; Tipton Land Deed 11837. See also footnote 9.

[29] Prairie Band Potawatomi Nation, The Official Website of the Prairie Band Potawatomi Nation, https://www.pbpindiantribe.com/; Pokégnek Bodéwadmik, Pokagon Band of Potawatomi, https://www.pokagonband-nsn.gov/; “Pokagon Band of Potawatomi Commemorate 25th Anniversary of Reaffirmation of Sovereignty,” (Winnipeg, Canada) Indian Life, November 4, 2019, https://www.newspaper.indianlife.org/.

[30]“Our Culture,” Pokégnek Bodéwadmik, Pokagon Band of Potawatomi, https://www.pokagonband-nsn.gov/our-culture.

A Marriage Tested: How the Allens Overcame Personal Tragedy and Systemic Discrimination

J. Chester and Elizabeth Allen with family, courtesy Civil Rights Heritage Center, accessed Shannon Nolan, “Indiana’s First Female African American Lawyer Worked in South Bend,” abc57, February 2, 2019.

* See Part 1 to learn about the Allens’ work for equality in the judicial system and World War II employment.

When the clouds of World War II lifted, South Bend activists and attorneys J. Chester and Elizabeth Allen had achieved many of their professional and philanthropic goals. The couple, who had opened their own law firm in 1939, had uplifted the Black community by crafting legislation, organizing social programs, and creating jobs. But institutional oppression and immense personal loss that followed in the war’s wake appeared to test their marriage. In these modern times of social unrest and pandemic-related stress, we can draw strength from the Allens’ ability to not only weather personal tragedy and systemic discrimination, but serve their community.

As the early Atomic Era unfurled, J. Chester plunged back into his fight to fully desegregate South Bend’s Engman Natatorium. The effort had begun in the 1930s and resulted in the park board’s meager concession of allowing Black residents to swim a few hours per week, when white residents were not there. In 1950, J. Chester and a group of attorneys, including white lawyer Maurice Tulchinsky, appeared before the parks board to again make the case for integration. Seemingly racism cloaked in Cold War rhetoric, one board member told the men that Tulchinsky’s involvement hinted at communist impulses. J. Chester replied, “‘You don’t have to be a communist to defend equal rights, opportunities and treatment for all people under the law. The Constitution and Bill of Rights mandate it.'” Threatening to file suit unless board members agreed to end segregation entirely, the lawyers at last won their long fight for equality, likely with the aid of Elizabeth Allen.

Flyer, Ruth Tulchinsky, Voice of the People, February 13, 2009, St. Joseph County Public Library, accessed Michiana Memory Digital Collections.

Oral history interviews and secondary sources suggest that Elizabeth drew up the original complaint and advised behind the scenes, pointing out that African American taxpayers helped fund the pool and therefore deserved to use it. Her name does not appear on official documents, perhaps because she was still in law school or because the lawyers feared that her involvement as a Black woman could hurt the cause. If Tulchinsky was accused of working on behalf of the Communist Party, one can only imagine what nefarious influences board members would assign Elizabeth if she was involved in the effort publicly.

A series of interviews with the couple’s son, Dr. Irving Allen, bespeaks the constant frustration Elizabeth experienced from having to shelve her ambitions due to gender and familial norms and/or racial discrimination. In 1936, Elizabeth declared her candidacy for state representative, but withdrew, perhaps, because as interviewer David Healey suggested to Irving, she was “always overshadowed by circumstances” or “convinced that your father would have a better chance of winning.” Irving agreed that this sense of disappointment was probably compounded by the “loss and loneliness,” resulting from J. Chester’s absence while he served in the Indiana General Assembly between 1939 and 1941. Elizabeth could be “explosively judgmental” about J. Chester’s legislative efforts, accusing him of being too accommodating to white voters while campaigning. Perhaps this criticism stemmed partly from never having a chance to campaign for office herself.

International Hod Carriers and Building Laborers’ Union formal gathering, circa 1950s, Elizabeth Allen fourth from left and J. Chester Allen fifth from left, second row, Streets Family Collection of the Civil Rights Heritage Center, Indiana University South Bend Archives, accessed Michiana Memory Digital Collection.

Irving imagined the scrutiny she experienced as a Black female lawyer in South Bend during the “Dark Ages” of the 1930s, 1940s, and 1950s. He remembered his mother coming home and criticizing local judges “who she just despised and felt mistreated by.” This likely included Circuit Judge Dan Pyle, who in May 1952 fined her for contempt of court during a hearing in which she served as counsel. The South Bend Tribune reported that the “woman attorney” was fined for refusing to “abide by his instruction to refrain from dictating a lengthy statement for the court record.” Pyle ruled her “out of order in the request and demanded that she be quiet.” Irving recalled the incident, saying “she took it racially and cursed him out basically . . . and ended up in jail. Daddy got her out and got the whole thing, I think, squashed.”

Institutionalized discrimination and the stressors of working in the public eye seemed to breed resentment that spilled over into their marriage. The Allen household, while loving, was also highly-charged, in part because Elizabeth and J. Chester diverged sharply when it came to political allegiance and temperament. Irving recalled, “you were never sure whether the issues were where the vitriol was coming from or whether it was personal stuff that was being argued out through the politics.” But from a young age, Irving learned to tune out his parents’ disagreements. He stated there was “often too much venom involved in the . . . arguments about politics or nuances of how black folks could best be served in South Bend or the country.”

In Irving’s opinion, his parents were incapable of relaxing and resetting, prioritizing the needs of others over themselves in their work with organizations like the NAACP and Hering House. He noted that money was another source of tension for the Allens. Although they were attorneys, systemic racism affected their success and often meant they didn’t get the “big” cases. Determined that their children would get a good education, efforts to save for college proved stressful due to the lack of lucrative cases.

Elizabeth Allen serving as Judge Protem in the South Bend City Courts, submitted by state historical marker applicant.

Irving suspected that the “pressures of work had enormous bearing” on his mother’s “existence.” Of his parents, Elizabeth had a poorer “capacity to separate work from the rest of her life. . . . I would just imagine the shit she took. Must have been unimaginable . . . unimaginable. And where’s it gonna go? It’s probably gonna come home into the relationship with her husband.” It surely did not go unnoticed that newspaper articles referred to her husband as “Attorney J. Chester Allen” and her as “Mrs. J. Chester Allen,” despite being an accomplished attorney in her own right. Probably equally frustrating, Elizabeth was subjected to scrutiny about her appearance and mannerisms in a way her husband undoubtedly was not, exemplified by this 1950 South Bend Tribune description: “feminine, but brusque. She has a no-nonsense attitude that contradicts the ultra-feminine hat on her head.”

Despite the many obstacles Elizabeth had to overcome, she received public recognition in 1953, 1955, and 1960, when she served as Judge Protem, filling in on occasion when the city judge was absent. “Her Madame Honor” was likely the first woman to wield a gavel in South Bend’s courtrooms. While a temporary role, Irving believed that the appointment was symbolic, honoring her legal career. Elizabeth worked to carve out educational and career opportunities for other Black women, generally relegated to domestic service in that era. Recognizing that de facto segregation would endure despite the landmark 1954 Brown v. Board of Education case, Elizabeth sprung into action, hosting an emergency meeting for the United Negro College Fund. She also worked to get Black women into her Alma Mater, Talladega College.

The Allens opened their house to Black Notre Dame students who had nowhere to stay due to discrimination and the housing shortage exasperated by World War II. Historian Emma Lou Thornbrough noted that in the 1940s many black families were forced to crowd into one or two bedroom units in substandard buildings. Elizabeth had worked during WWII and post-war years to improve housing options and clear local slums because “delinquency and crime are resulting from sub-standard housing.” In the 1950s, J. Chester helped a group of Black Studebaker workers navigate discriminatory lending and real estate practices to form a building cooperative called “Better Homes of South Bend.”

Baton twirlers in the annual Better Homes’s Elmer Street Parade, August 1962. Photo courtesy Vicki Belcher and Brenda Wright, accessed Better Homes of South Bend, 97.

By the middle of the decade, twenty-two families of the co-op had moved in along North Elmer Street and helped build a vibrant community, filled with  activities like family cookouts, kickball, and building snowmen. Irving described a “haunting aspect of the Better Homes story.” Although they had “outstanding credentials as good citizens and an established law practice,” the Allens encountered difficulties purchasing a home of their own. Perhaps such discrimination led J. Chester to further leverage housing reform when he was elected the city’s first Black Councilman in 1959. He quickly got to work trying to prevent the displacement of Black families as new developments arose. As Councilman he also got more African American appointed in city government. One Indianapolis Recorder writer was optimistic that Allen’s “devotion to the law as the shield of liberty” would enable him to “protect the rights of minorities and at the same time guard the welfare of the majority.”

J. Chester’s and Elizabeth’s work served as a tide that lifted many boats in St. Joseph County. But the couple soon experienced a devastating personal blow. Their daughter, Sarah-whom Irving described as a “brilliant student” at Central High School-was awarded honors at Wellesley College, before attending Tennessee’s Fisk University. In 1960, the South Bend Tribune noted an “illness forced her to leave college.” She had since been working as a secretary at the family’s law practice and receiving psychiatric care in her hometown. Shortly before dinner at the Allens’ house one summer evening in 1963, the family discovered that she had died by suicide. Only 27-years-old, Sarah undoubtedly possessed the astuteness and determination of her parents, but suffered from the era’s limited treatment options for mental health issues. Days after her passing, loves ones paid their respects at the city’s Episcopal Cathedral of St. James and the city council passed a resolution expressing sympathy for the loss of Councilman Allen’s daughter.

J. Chester with daughter, Sarah, South Bend Tribune, May 6, 1959, 25, accessed Newspapers.com.

One can only imagine the impact such a catastrophic event had on the family. Perhaps it contributed to the fragmentation of the Allen and Allen law firm, which Irving said “kind of came unglued” in the early part of the decade. It’s possible it was the trigger for Elizabeth’s own hospitalization in the 1960s. Surely it contributed to the 1965 South Bend Tribune announcement of the couple’s separation after 37 years of marriage. Ultimately, the Allens chose not to go through with the divorce, perhaps a testament to their tenacity and love.

Work and community uplift likely became a haven from grief for the African American couple. In the years after her daughter’s passing, Elizabeth seemed to focus on advocating for women. She served as legislative chairman of the 1964 National Association of Negro Business and Professional Women’s Clubs, leading a workshop on “The Role of Business and Professional Women in the War on Poverty” at the organization’s annual meeting. Towards the end of the 1960s and into the 1970s, Elizabeth served on the board of St. Joseph’s first Planned Parenthood clinic. According to Irving, his mother was a feminist before the term existed. She would “go to war over women divorcing or getting beaten up by their husbands,” but, being ahead of her time, she fought a war “without any constituents.” Nevertheless, she was “‘incredible example to women—black or white.'”

South Bend Tribune, January 9, 1962, 23, accessed Newspapers.com.

J. Chester poured himself into education equality as the first Black member of the South Bend school board of trustees in 1966. One editorial contended that he was an ideal representative of Black educational interests, citing his “Quick intelligence, independence of thought, hard work and a genuine affection for his home community.” He used his legal skills in 1967 to advocate for equality, appealing a verdict that ruled the Linden School building, a Black school, could safely reopen despite a classroom ceiling collapsing during the school day.

While continuing to grieve, sons Irving and J. Chester Allen, Jr. pursued their professional goals. Their parents were determined that they would attend East Coast schools because, Irving noted, Black Americans had to be “twice as good” as their white colleagues. He earned his medical degree at Boston University in 1965 and practiced psychiatry in Massachusetts. Like his parents, J. Chester Jr. beat the drum for equality, leading an NAACP march protesting the police force’s refusal to hire a Black officer. He told the South Bend Tribune, “‘Maybe we’ll fill up that jail of theirs until they get tired of seeing us in it and hire one of us to get rid of the rest of us.'”

Nancy Kavadas, “Niles Area NACP [sic] Groups Conduct Orderly Demonstration,” South Bend Tribune, February 9, 1964, 8,  accessed Newspapers.com.
“Wednesday Rites for Judge Allen,” South Bend Tribune, December 27, 1983, 28, accessed Newspapers.com.

Like his parents, J. Chester Jr. was able to break racial barriers; he was sworn in as St. Joseph County’s first Black Superior Court Judge in 1976. Three years after J. Chester Jr.’s historic achievement, his father passed away. The man who had apparently stumbled upon South Bend did much to even its playing field for minorities. Black residents were better educated, politically- and civically-empowered, financially stabler, and able to enjoy the city’s facilities because of his tireless efforts as an attorney and elected official.

Unfortunately, his son’s promising career was cut short in 1983. J. Chester Jr. died of natural causes on Christmas Day, the same day his father was born in Pawtucket, Rhode Island in 1900. Matriarch Elizabeth Allen was now a widower who had lost two children. But her life was never defined by tragedy. In disregarding an admissions officer’s advice to forgo law school in favor of marriage years before, she started down a path canopied by improbable accomplishments, bitter disappointments, professional accolades, and personal heartbreak. Her fortitude and persistence meant that future generations would endure fewer obstacles than she did.

Behind her walked another Black female attorney from Chicago married to an ambitious Black attorney: First Lady Michelle Obama. The two women experienced the highs of professional accomplishments as a minority, the frustrations of sacrificing for their husband’s ambitions, public critiques of their appearance, and allegations of being too outspoken. Unlike Michelle, Elizabeth’s story has largely yet to be told, but South Bend writer Dr. Gabrielle Robinson and IHB are changing that by installing a state historical marker in 2021. Elizabeth, largely overshadowed by her husband, will quite literally have an equal share of recognition with this marker.

“Golden Anniversary,” South Bend Tribune, March 5, 1978, 31, accessed Newspapers.com.

Sources:

“Public Angered at Whitewash,’” Indianapolis Recorder, June 1, 1935, 1, accessed Hoosier State Chronicles.

“Jellison Takes Petition to Run for Congress,” South Bend Tribune, February 16, 1936, 23, accessed Newspapers.com.

Mary Butler, “Mrs. Elizabeth Allen Lays Down Law to Family,” South Bend Tribune, July 30, 1950, 39, accessed Newspapers.com.

“Circuit Judge Fines Lawyer for Contempt,” South Bend Tribune, May 10, 1952, 8, accessed Newspapers.com.

“First Woman Presides City Judge,” South Bend Tribune, November 19, 1953, 29, accessed Newspapers.com.

“Field Chief Will Meet Fund Group,” South Bend Tribune, March 25, 1957, 24, accessed Newspapers.com.

Program, “Leaders for Workshops on Three Areas Affecting the Urban Family,” Woman’s Council for Human Relations, [1968], accessed Michiana Memory.

“Hon. J. Chester Allen,” Indianapolis Recorder, January 2, 1960, 1, accessed Hoosier State Chronicles.

“Adult Award Winner,” South Bend Urban League and Hering House, Annual Report, 1960, p. 5, accessed Michiana Memory.

“Sarah Allen Found Dead,” South Bend Tribune, July 25, 1963, 43, accessed Newspapers.com.

Nancy Kavadas, “Niles Area NACP [sic] Groups Conduct Orderly Demonstration,” South Bend Tribune, February 9, 1964, 8,  accessed Newspapers.com.

“Divorce Cases Filed,” South Bend Tribune, March 5, 1965, 30, accessed Newspapers.com.

“Irving Allen Wins Degree,” South Bend Tribune, June 10, 1965, 46, accessed Newspapers.com.

Ruth Copeland et al., Plaintiffs-Appellants, v. South Bend Community School Corporation et al., Defendants-Appellees, 1967, 376 F.2d 585 (7th Cir. 1967), May 8, 1967, accessed JUSTIA US Law.

“Family Plan Unit Names Officers,” South Bend Tribune, January 26, 1968, 31, accessed Newspapers.com.

“Rites for Allen Wednesday,” South Bend Tribune, May 12, 1980, 21, accessed Newspapers.com.

“Wednesday Rites for Judge Allen,” South Bend Tribune, December 27, 1983, 28, accessed Newspapers.com.

“Allen, Former Civic Leader and Attorney, Dies at 89,” South Bend Tribune, December 28, 1994, 15, accessed Newspapers.com.

Marilyn Klimek, “Couple Led in Area Racial Integration,” South Bend Tribune, November 30, 1997, 15, accessed Newspapers.com.

Oral History Interview with Dr. Irving Allen, conducted by Dr. Les Lamon, IU South Bend Professor Emeritus, David Healey, and John Charles Bryant, Part 1 and Part 2, August 11, 2004, Civil Rights Heritage Center, courtesy of St. Joseph County Public Library, accessed Michiana Memory Digital Collection.

Barack Obama, A Promised Land (New York: Crown Publishing, 2020).

Email, Dr. Irving Allen to Nicole Poletika, March 19, 2021.

Re-centering the Potawatomi at Sycamore Row Part One

Photograph by Chris Light, accessed Wikipedia.

This is Part One of a two-part post. Part One examines why IHB and local partners chose to refocus the text of a new historical marker to Sycamore Row in Carroll County that replaces a damaged 1963 marker. Instead of focusing on the unverifiable legends surrounding the row of sycamores lining the Old Michigan Road, this new marker centers the persecution and removal of the Potawatomi to make way for that road and further white settlement. Part Two will look in depth at the persecution of the this indigenous group by the U.S. government as well as the resistance and continued “survivance” of the Potawatomi people.*

What’s in a Legend?

The sycamore trees lining the Old Michigan Road have long been the subject of much curiosity and folklore in Carroll County. But there is a story here of even greater historical significance – the removal and resistance of the Potawatomi. While the trees will likely continue to be the subject that brings people to this marker, IHB hopes to recenter the Potawatomi in the story. (To skip right to the story of the Potawatomi, go to Part Two of this post, available April 2021).

Folklore is a tricky area for historians. The sources for these stories are often lost, making it difficult to determine the historical accuracy of the tale. But historians shouldn’t ignore folklore either. Local stories of unknown origin can point to greater truths about a community. It becomes less important to know exactly if something really happened and more significant to know why the community remembers that it did.

Folklore is both a mirror and a tool. It can reflect the values of the community and serve to effect change. Folklore surrounding “Sycamore Row” in Carroll County does both of these things. Continuing local investment in this row of trees reflects a community that values its early history. At the same time, these trees have served as a preservation tool bringing this community together time and time again for the sake of saving a small piece of Indiana’s story.

These are the big ideas around folklore, but what about searching for the facts behind the stories? In the case of Sycamore Row, digging into the events that we can document only makes the story more interesting and inclusive. And it gives us the opportunity to reexamine the central role of the Potawatomi in this history and return it to the landscape in a small way.

Sycamore Row

Sycamore Row Historical Marker, Indiana Historical Bureau, accessed Carroll County Indiana.

In 1963, the Indiana Historical Bureau placed a marker for “Sycamore Row” on State Road 29, formerly the Old Michigan Road. The 1963 marker read:

This row of sycamores sprouted from freshly cut logs used in the 1830’s to corduroy a swampy section of the historic Michigan Road, the first state road in Indiana, running from Madison to Michigan City.

IHB historians of the 1960s presented this theory on the origin of the sycamores as fact. Today, IHB requires primary documentation for all marker statements. While there are secondary sources (sources created after the event in question), there are no reliable primary sources for this statement. In fact, we don’t know where the trees came from. Local legend purports that saplings sprang from the logs used to lay the “corduroy” base when the dirt road was planked in the 1850s. There is evidence that sycamores were used on this section of the road. During road construction in the 1930s, the Logansport Press reported that workers discovered sycamore logs under the road near the famous Fouts farm. And it is possible that some saplings could have grown on their own, though it’s unlikely they sprouted from the logs. Local historian Bonnie Maxwell asked several experts for their take. One Indiana forester wrote that it was more likely that the trees sprouted from seeds that took root in the freshly dug furrows next to the road. Others noted that even if the trees sprouted as the legend claims, they would not be the same trees we see today, as they are not large enough have sprouted in the early 19th century. Other theories have been posited as well, including one from a 1921 Logansport-Pharos article claiming that the trees were planted to protect the creek bank during road construction in the 1870s. Regardless, we know from Carroll County residents that there have been sycamores along that stretch of road for as long as anyone can remember. It matters less to know where the trees came from and more to know why they have been preserved in memory and in the landscape. [1]

Preservation and Community Building

The ongoing preservation and stewardship of Sycamore Row tells us that local residents care about the history of their community. The trees provide a tangible way of caring for that history. To that end, Carroll County residents have joined together many times over the years to protect the sycamores.

In the 1920s, the Michigan Road section at Sycamore Row became State Road 29 and some of the trees were removed during paving. Starting in the 1930s, road improvements planned by the state highway department threatened the sycamores again, but this time local residents acted quickly. In November 1939, the Logansport Pharos-Tribune reported that Second District American Legion commander Louis Kern organized opposition to a state highway department plan to remove 19 sycamores in order to widen the road. Local residents joined the protest and the state highway commission agreed to spare all but five of the 127 sycamore trees during the highway expansion. [2]

By the 1940s, newspapers reported on the dangerous and narrow stretch of road between the sycamores where several accidents had occurred. By the 1960s, local school officials worried about school busses safely passing other cars and trucks on the stretch and proposed cutting down the trees to widen the road. In 1963, Governor Matthew Walsh issued an order to halt the planned removal of sixty-six of the sycamores and the state highway department planted twenty new trees. Many still called for a safer, wider road and the local controversy continued. [3]

In 1969, officials from the school board and the Carroll County Historical Society (CCHS) met to discuss options for improving driving conditions, weighing this need against the historical significance of the sycamores. Meanwhile, the state highway department continued planning to widen the road, a plan that would have required cutting down the trees. The CCHS staunchly opposed removing the sycamores and organized support for its efforts. The organization worked for over a decade to save Sycamore Row, petitioning lawmakers and gaining the support of Governor Edgar Whitcomb. Carroll County residents signed petitions and spoke out at public meetings with the state highways commission. Ultimately, in 1983, the state highway department announced its plan to reroute SR 29 around the sycamores. This grass roots effort, focused on preserving local history, had prevailed even over the needs of modernization. Construction on the new route began in 1987. The Logansport Pharos-Tribune reported that residents then began using the section of the Old Michigan Road to go down to the bank of the creek and fish. [4]

“Friends of CC Parks Plant Sycamore Trees,” Carroll County Comet, January 4, 2021, accessed Carroll County Comet.

In 2012 the Friends of Carroll County Parks took over stewardship of Sycamore Row and began planting new sycamore saplings the following year. In 2020 they planted even larger sycamores to preserve the legacy for future generations. They also took over the care of the 1963 historical marker, repainting it for the bicentennial. In late 2020, the marker was damaged beyond repair and had to be removed. This opened up an opportunity for IHB, the Friends, and the CCHS to place a new two-sided historical marker. The marker process  is driven by applicants, either individuals or community organizations, and then IHB works with those partners, providing primary research to help tell their stories. We work together, sharing authority. These Carroll County organizations still want to tell the story of the sycamores, but recognize that there is complex history beyond the legends.

Re-centering the Potawatomi

IHB and local partners are using the extra space on the double-sided marker to include the Potawatomi in the story of Sycamore Row. While there is no way we can give the history of these indigenous peoples in all its complexity in the short space provided on a marker, we can make sure it is more central. After all, the story of the genocide, removal, and resistance of the Potawatomi to settler colonialism is part of the story of Indiana.

Some people have a negative view of this kind of reevaluation of sources and apply the label “revisionist” to historians updating the interpretation of an old story. However, “historians view the constant search for new perspectives as the lifeblood of historical understanding,” according to author, historian, and Columbia professor Eric Foner. [5] As we find new sources and include more diverse views, our interpretation changes. It becomes more complex, but also more accurate. And while there is a temptation to view history as a set of facts, or just as “what happened,” it is always interpretive. For instance, the act of deciding what story does or does not make it onto a historical marker is an act of interpretation. When IHB omits the Native American perspective from a historical marker we present a version of history that begins with white settlement. It might be simpler but its not accurate. There were already people on this land, people with a deep and impactful history. When historians and communities include indigenous stories, they present a version of Indiana history that is more complex and has a darker side. This inclusion reminds us that Indiana was settled not only through the efforts and perseverance of the Black and white settlers who cleared the forests, established farms, and cut roads through the landscape. It was also settled through the removal and genocide of native peoples. Both things are true. Both are Indiana history.

With this in mind, the new two-sided marker at Sycamore Row will read:

The sycamores here line the sides of the Michigan Road, which connected the Ohio River with Lake Michigan and further opened Indiana for white settlement and trade. Under intense military and economic pressure, Potawatomi leaders ceded the land for the road in 1826. John Tipton, one of the U.S. agents who negotiated this treaty, purchased the land here in 1831. 

The state began work on the road in the 1830s. While there are several theories on how the trees came to be here, their origin is uncertain. By the 1930s, road improvements threatened the trees, but residents organized to preserve them over the following decades. In 1983, the Carroll County Historical Society petitioned to reroute the highway and saved Sycamore Row. 

Of course, this does little more than hint at the complex history of the Potawatomi. Markers can only serve as the starting point for any story, and so, IHB uses our website, blog, and podcast to explore further. In Part Two of this post, we will take an in-depth look at the persecution of the Potawatomi to make way for the Michigan Road, their resistance to unjust treaty-making, their removal and genocide as perpetuated by the U.S. government, and the continued “survivance” of the Potawatomi people today in the face of all of this injustice.

*”Survivance” is a term coined by White Earth Ojibwe scholar Gerald Vizenor to explain that indigenous people survived and resisted white colonization and genocide and continue as a people to this day. Theirs is not a history of decline. Their work preserving and forwarding their culture, traditions, language, religions, and struggle for rights and land continues.

Notes

Special thanks to Bonnie Maxwell of the Friends of Carroll County Parks for sharing her newspaper research. Newspaper articles cited here are courtesy of Maxwell unless otherwise noted. Copies are available in the IHB marker file.

[1] “Trees Half Century Old Still Stand,” Logansport Pharos-Tribune, May 14, 1921.; “Lane of Trees at Deer Creek To Be Spared,” Logansport Pharos-Tribune, December 8, 1939.; “Deer Creek Road Corduroy Found at Taylor Fouts Place,” Logansport Pharos-Tribune, September 1, 1939.; Correspondence between Bonnie Maxwell, Joe O’Donnell, Tim Eizinger, and Lenny Farlee, submitted to IHB December 28, 2020, copy in IHB file.

[2] “Second State Road to Come in for Paving,” Logansport Pharos-Tribune, November 13, 1924, 1, accessed Newspapers.com.; “Lane of Trees at Deer Creek To Be Spared,” Logansport Pharos-Tribune, December 8, 1939.

[3] “Lane of Trees at Deer Creek To Be Spared,” Logansport Pharos-Tribune, December 8, 1939.; “Lane of Trees at Deer Creek To Be Spared by State,” Logansport Pharos-Tribune, December 16, 1939.; “Halt Cutting of Sycamores Along Route 29,” Logansport Pharos-Tribune, March 18, 1963.; “Governor Save 66 Sycamores,” Logansport Pharos-Tribune, March 19, 1963.; “Sycamores to Get Historical Marker,” Logansport Pharos-Tribune, April 4, 1963.; “Plant More Sycamores on Road 29,” Logansport Pharos-Tribune, April 4, 1963.

[4] “Historical Society Hears Research Report,” Hoosier Democrat, December 3, 1970.; Letter to the Editor, Hoosier Democrat, November 25, 1971.; Carroll County Comet, November 7, 1979.; Dennis McCouch, “Save the Sycamores” Carroll County Comet, November 7, 1979.; “Sycamore Row Petitions,” Carroll County Comet, January 16, 1980.; Von Roebuck, “Carroll County Landmarks to Remain Intact,” Logansport Pharos-Tribune, December 1, 1983.; “Bridge Work to Cause Deer Creek Detour,” Logansport Pharos-Tribune, June 7, 1987.

[5] Eric Foner, Who Owns History?: Rethinking the Past in a Changing World (New York: Hill and Wang, 2002), xvi.

2021 Marker Madness

DOWNLOAD A PRINTABLE BRACKET HERE

Learn more about each topic here!

To generate visibility of select Indiana history topics and encourage the public to apply for historical markers commemorating them, we’re kicking off the 4th annual Marker Madness bracket competition! This year’s topics include well-known names such as Charles “Chuck” Taylor and the Jackson 5, as well as Hoosier history deep-cuts such as queer activist Stan Berg and pitcher Amos “The Hoosier Thunderbolt” Rusie. Learn more about each topic here. Each day starting on March 1, there will be a featured match-up and YOU get to decide which topic will move forward.

Want to participate? Between now and March 1, fill out your own bracket and post it on social media using #MarkerMad2021. The person with the most correct individual matchups will win an Indiana history themed prize!

Vote on your favorite topic daily on both Facebook and Twitter. Check back here to see updated brackets!

Below is the final bracket. Thanks to all who participated this year!

 

How South Bend Attorneys Elizabeth and J. Chester Allen Lifted the “Heel of Oppression”

Elizabeth and J. Chester Allen, courtesy of Indianapolis Recorder, July 25, 1942, accessed Hoosier State Chronicles and South Bend Tribune, February 10, 2014, accessed SouthBendTribune.com.

*This is Part One in a series about the Allens.

Marriage is complicated enough. Add in opposing political views, routinely confronting systemic racism and sexism, and coping with the hardships of the Great Depression and World War II, and it’s even more challenging. African American attorneys Elizabeth and J. Chester Allen experienced these struggles and, while theirs was not a perfect marriage, through compromise, mutual respect, shared obstacles and goals, and love, they enjoyed 55 years together as man and wife. The South Bend couple dedicated themselves to each other and to uplifting the Black community by crafting legislation, organizing social programs, creating jobs, and demanding educational equality. The opportunities the Allens created for marginalized Hoosiers long outlived them.

On his way to Indianapolis in the late 1920s, J. Chester’s car broke down in South Bend and, after staying with a family on Linden Street, liked the city so much he decided to make it his home. Or so the story goes. Elizabeth Fletcher Allen, whom he met at Boston University and married in 1928, was likely working towards her law degree back in Massachusetts when J. Chester made that fateful trip. She would eventually join her husband in Indiana, but in the meantime J. Chester quickly got to work serving South Bend’s Black community. In 1930, J. Chester was admitted to the bar and the following year was appointed County Poor Attorney for St. Joseph County.

His arrival was perhaps serendipitous, as the Great Depression had begun rendering African Americans, who were already disenfranchised, destitute. J. Chester served as management committee chairman of the Hering House, which he described as “‘the clearing house of most of the social activities of the colored people as well as the point of contact between the white and colored groups of South Bend. . . . Its activities in the three fields of spiritual, mental and physical training make it indeed a character building institution.'” Through the organization, J. Chester helped provide 4,678 meals to unemployed African Americans, along with clothes, lodging, and medical aid to others in the Black community in 1931.

In addition to providing basic necessities during those lean years, J. Chester took on various anti-discrimination lawsuits in South Bend. In 1935, he helped prosecute a case against a white restaurant owner, who refused to serve Charles H. Wills, Justice of the Peace, in a section designated only for white patrons. That same year, J. Chester served as attorney for the Citizens Committee, formed in protest to the “unwarranted shooting” of Arthur Owens, a Black 18 year-old man, by white police officer Fred Miller. The Indianapolis Recorder, an African American newspaper, noted that eleven eyewitnesses recounted that “the youth was shot by Officer Miller as he stepped from a car with hands raised, after having been commanded by the officer and his companion, Samuel Koco Zrowski, to halt.” The officers had been pursuing the car with the belief it had been stolen.

“Public Angered at Whitewash,’” Indianapolis Recorder, June 1, 1935, 1, accessed Hoosier State Chronicles.

Elizabeth Allen-likely back in town temporarily-and other Black leaders organized a mass meeting to protest the “wanton, brutal and unwarranted” shooting. Despite boycotts, a benefit ball to raise prosecutorial funds, and protests by the Black community and white communists, a grand jury did not return an indictment against Officer Miller for voluntary and involuntary manslaughter. This, J. Chester said, was due to “blind prejudice on the part of the prosecutor.”

Despite a disheartening outcome, J. Chester continued to lend his legal expertise to combating local discrimination. The following year, he and a team of lawyers challenged Engman Public Natatorium’s ban on African Americans from using the facilities. The team presented a petition, likely prepared by Elizabeth, to the state board of tax commission demanding Engman remove all restrictions. Allen and other NAACP representatives had tried this in 1931, arguing that the natatorium was “supported in whole or in part by taxes paid by residents of the city,” including African Americans. Without access to the pool, they would be relegated to unsafe swimming holes, one of which led to the death of a Black youth the previous summer. While they had no luck in 1931, the 1936 appeal convinced commissioners to provide African American residents access to the pool, but only on the first Monday of every month and on a segregated basis. This was just one victory in the decades-long fight to fully desegregate the natatorium.

Image caption: Photograph of Leroy Cobb and two unidentified men sitting along Pinhook Park. In the era of segregation in South Bend, with city pools like the Engman Public Natatorium barring African Americans from entry, Pinhook Park became a popular location for public swimming, ca. 1947, St. Joseph County Public Library, accessed Michiana Memory Digital Collections.

While it appears that Elizabeth lent her aid to certain events in South Bend, like protesting the shooting of Owen, it is tough to discern Elizabeth’s activities at this time. This is perhaps due to scant documentation for African Americans, particularly women, during this period. Likely, she was working towards her law degree at Boston University, despite being told by an admissions officer “there was not need to come and advised she get married.” Proving the officer wrong, Elizabeth not only got married, but gave birth to two children while pursuing her law degree. She attributed this tenacity to the confidence her father instilled in her during childhood and later said “’To be a woman lawyer you have to have the hide of a rhinoceros.’”

Her persistence paid off and after joining J. Chester in South Bend, she was admitted to the bar in 1938. Perhaps her presence inspired in him a sense of security and conviction, resulting in a run for the Indiana General Assembly. That year, voters elected J. Chester (D) the first African American to represent St. Joseph County. Rep. Allen introduced and supported bills that would eliminate racial discrimination in sports, the judicial system, and public spaces. The new lawmaker also endorsed bills that would require Indianapolis’s City Hospital to employ Black personnel and that would mandate appointing at least one African American to the State Board of Public Instruction, telling his colleagues “the legislature should see to it that these children had a spokesman of their own racial group to assure their obtaining a measure of equal accommodation and facilities in the segregated public school system” (Indianapolis Recorder, March 11, 1939). Writer L.J. Martin praised Allen’s unwavering commitment to serving Black Hoosiers while in public office, noting in the Indianapolis Recorder,

Hon. J. Chester Allen said he had stayed up late at night reading bills for such ‘racial traps.’ He found them, he eliminated them, one hotel sponsored bill in particular would have been a slap at the race. Mr. Allen astonishes me, in the forcible argument for racial progress.

J. Chester Allen (center), South Bend Tribune, November 6, 1940, 17, accessed Newspapers.com.

While J. Chester walked the halls of the statehouse, championing bills that furthered racial equality, Elizabeth was able to make a difference as a lawyer. The couple opened “Allen and Allen” in 1939—the same year she gave birth to their third child. One of the first Black female lawyers in the city, and likely state, Elizabeth quickly forged a reputation as an articulate and ambitious woman. She did not hesitate to express her convictions, not even to First Lady Eleanor Roosevelt. Elizabeth sent her a letter expressing the need to integrate housing and provide African Americans with the same government-funded housing white Americans received. Elizabeth’s son, Dr. Irving Allen, told an interviewer that Roosevelt’s response resulted in his mother’s “angry departure” from the Democratic Party. Allegedly, Roosevelt “sent back this long-winded pretentious letter rationalizing the situation . . . that the races couldn’t live together.” Both idealistic, Dr. Allen recalled that his parents’ political discourse over the dinner table “could blow up at any time.”

Elizabeth’s editorial for the South Bend Tribune, entitled “Negro and 1940,” also provides insight into her views. She lauded the “new Negro,” who:

is fearless and motivated by confidence in his belief that he owes to his race the duty of guiding those members whose minds have not been trained to clear thinking, his knowledge that the able members of his race have always from the beginning of this country contributed to the civic upbuilding and a conviction that it is up to him to keep the gains which have been made.

Membership Card, 1944, J. Chester and Elizabeth Fletcher Allen Collection of the Civil Rights Heritage Center, Indiana University South Bend Archives, accessed Michiana Memory Digital Collection.

By this definition, Elizabeth exemplified the “new Negro,” dedicating her life to uplifting South Bend’s Black community through her work with the NAACP’s Legal Redress Committee and by organizing drives to improve housing for minorities. According to her son, Dr. Irving Allen, Elizabeth embodied the Black empowerment she wrote about, challenging oppression and advocating for those “being cheated out of a decent life.” Dr. Allen suspected that his mother also wanted to effect change as a legislator, but sacrificed her political aspirations to support her husband’s career.

Elizabeth Allen, courtesy The History Museum Collection, accessed Roberta Heinman, “Suffragists and Activists are Among 10 Influential Women in Indiana,” South Bend Tribune, August 16, 2020.

Although Elizabeth felt she had to shelve her political aspirations, she complemented her husband’s legislative work, particularly regarding World War II defense employment. The outbreak of war in Europe in 1939 created an immediate need for the manufacture of ordnance. While U.S. government war contracts lifted many Americans out of the poverty wrought by the Depression, many manufacturers refused to hire African Americans. This further disenfranchised them as, according to W. Chester Hibbitt, Chairman of the Citizens’ Defense Council, an estimated 54% of African Americans living in Indiana were on relief by 1941.

And while the federal government complained of a labor shortage, J. Chester contended that “Negro workers, skilled and semi-skilled, by the thousands are walking the streets or working on W. P. A. projects, because they happen to have been endowed with a dark skin by the Creator of all men'” (“The Story of House Bill No. 445, p.15). He argued that it was the responsibility of lawmakers to prohibit employment discrimination, not only to eliminate poverty, but to safeguard democracy. Echoing the Double V campaign, Rep. Allen stated that “our first line of defense should be the preservation of the belief in the hearts of all men, black and white alike, that Democracy exists for all of us; that we are all entitled to a home, a job and the expectancy of better things to come for our children.” The continued denial of American minorities’ rights undermined the fight for freedom abroad.

Elected to a second term in 1940, J. Chester led the call for anti-discrimination legislation. Months before President Roosevelt issued Executive Order 8802, Rep. Allen and Rep. Evans introduced House Bill No. 445. If enacted, it would make it illegal for Indiana companies benefiting from federal defense contracts “to discriminate against employing any person on account of race, color or creed.” So popular was the bill that after the Indiana Senate passed it, delegations of African Americans and their children filled statehouse corridors and galleries, carrying “placards advocating passage of the bill, describing the measure as the only thing necessary to provide Negroes with jobs” (“The Story of House Bill No. 445”, p.7).

The Indiana State Chamber of Commerce, “The Story of House Bill No. 445 . . . A Bill That Failed to Pass,” (Indianapolis, 1941?), Indiana State Library pamphlet.

Despite the bill’s promising fate, on the last day of session the House kicked it over to the Committee on Military Affairs, where it essentially died. In an article for the Indianapolis Recorder, J. Chester noted that although the bill was defeated,

such state-wide attention had been drawn to the sad economic plight of the Negro workers of Indiana and its attendant dangers that people of both races agreed that the alleviation of the Negro unemployment problem was the number one job of the preparations for war of Indiana and proceeded in for right home-rule manner to do something about it.

On June 1, 1941, Governor Schricker answered the call to “do something about it,” appointing J. Chester the Coordinator of Negro Affairs to the Indiana State Council of Defense. As part of the Indiana Plan of Bi-Racial Cooperation, Allen traveled throughout the state, appealing to groups like the A.F.L., C.I.O., and the Indiana State Medical, Dental and Pharmaceutical Association, which all formally pledged to employ African Americans. Through intensive groundwork, Allen established bi-racial committees in at least twenty Indiana cities.

Based on the “mutual cooperation between the employer, labor and the Negro,” the Recorder reported that these local committees would “go into action whenever and wherever Negro industrial employment presents a problem.” Although his persuasive skills often convinced employers to hire Black employees, historian Emma Lou Thornbrough noted that “Allen sometimes invoked Order 8802 and threats of federal investigation to persuade management to employ and upgrade black workers.”

The Indiana State Defense Council and The Indiana State Chamber of Commerce, “’Job Opportunities for Negroes:’ The Goal of Indiana’s Bi-Racial Cooperation Plan,” Pamphlet No. 4 (January 1943), accessed Hathitrust.

Allen and the bi-racial committees also served as a sort of “middlemen” for white employers who wanted to hire African Americans, but were unsure how to recruit those best-suited for the job. Allen and the committees distributed “mimieographed questionnaires,” which provided” more valuable information with respect to Negro labor supplies, skills, etc. This information was then used with great effect in the mobilization and cataloguing of types of dependable Negro workers for local defense industries.”

Under Allen’s leadership, the Indiana Plan proved incredibly successful, providing employment to those, in Allen’s words, “whose record of loyalty and services dates in an unbroken chain back to the year 1620” (“The Indiana Plan of Bi-Racial Cooperation,” p.5). According to the “Job Opportunities for Negroes” pamphlet, between July 1, 1941 and July 1, 1942, there “was a net increase of 82% Negro employment, most of which was in manufacturing. . . . working conditions also improved” (p.2). (It should be noted that employers continued to deny African Americans jobs in “skilled capacities.”) In fact, Indiana was awarded the “Citation of Merit” by the National Director of Civilian Defense for “outstanding work in the field of race relations.” So efficiently organized and implemented, other states used the plan as a model to bring African Americans into the workforce.

Indiana State Defense Council, The Indiana State Chamber of Commerce, and Governor Schricker’s Negro Employment Committee, “What is the Truth About Job Opportunities for Negroes in Indiana?,” (August 1942), Indiana State Library pamphlet.

The Bi-Racial Cooperation Plan’s significance endured long after World War II ended. White employers could no longer claim that Black Hoosiers lacked the skills or competence required of the workplace or that it was “unnatural” for white and Black employees to work alongside each other. Reflecting on the program, Allen wrote in 1945, “Time was when a Negro interested in securing better employment opportunities for his people could not even obtain an audience with those able to grant such favors.” But the Bi-Racial Cooperation plan “has accomplished more for the Negro’s permanent economic improvement than had been done in the preceding history of the state.”

While African Americans were often the first to be let go from defense jobs with the conclusion of war, Allen’s work permanently wedged the door open to employment for Black Hoosiers. Allen, perhaps at the encouragement of Elizabeth, emphasized the importance of creating job opportunities for Black women and in his 1945 article noted that thousands of female laborers “have been upgraded from traditional domestic jobs, to which all colored women had previously been assigned irrespective of training or ability, to defense plants as receptionists, power-sewing machine operators, line operators and other better paying positions where their training can be utilized.”

Elizabeth Allen front left, J. Chester Allen back of the table, Ca. 1944, J. Chester and Elizabeth Fletcher Allen Collection of the Civil Rights Heritage Center, Indiana University South Bend Archives, accessed Michiana Memory Digital Collection.

Like her husband, Elizabeth refused to accept that Black Hoosiers would be excluded from the economic boon created by defense jobs. In the early 1940s, she established a nurse’s aid training and placement program for Black women in St. Joseph County. Of her WWII work, Elizabeth’s son said that she opened professional doors for Black women and that she saw herself as helping people who were oppressed. Like J. Chester, Elizabeth helped select local men for placement in defense jobs and, according to an October 11, 1941 Indianapolis Recorder article

used the utmost care in selecting the men to go into the factory realizing that future opportunities were dependent upon the foundation which these pioneers laid both in building good will among the fellow employes, and proving to the management that colored are reliable, trustworthy, hard-working and capable of advancing.

While J. Chester traveled the state, Elizabeth tended to the needs of the local community, chairing a drive in 1942 at Hering House for “community betterment in housing[,] social and industrial fields.” In the 1940s, Elizabeth organized various meetings to improve local housing for the Black community, emphasizing the link between substandard residences and crime rates, delinquency, and health. Deeply committed to ensuring quality education for African American children, Elizabeth founded Educational Service, Inc. in 1943, which encouraged youth to pursue social and economic advancement, provided financial aid to “worthy” students, offered individual counseling, and fostered good citizens. All of this while caring for three young children and likely manning the couple’s law office, as J. Chester fulfilled his duties with the Indiana State Council of Defense. Fortunately, Elizabeth later told the South Bend Tribune, “I want to keep busy constantly. I have to be about something all the time.”

When the war clouds cleared, the Allens achieved many of their professional and philanthropic goals. But they also experienced immense personal loss that appeared to test their marriage. Their post-war journey is explored in Part II.

 

Sources:

The majority of this post is based on state historical marker notes, in addition to the following:

“11,605 Helped by Hering House,” South Bend Tribune, April 22, 1931, 5, accessed Newspapers.com.

“11 Witnesses Charge Police Shot too Soon,” South Bend Tribune, April 10, 1935, 1, accessed Newspapers.com.

“Seek to Avenge Youth’s Death,” Indianapolis Recorder, May 25, 1935, 1, 2, accessed Hoosier State Chronicles.

“Public Angered at Whitewash,’” Indianapolis Recorder, June 1, 1935, 1, accessed Hoosier State Chronicles.

Elizabeth F. Allen, “Negro and 1940,” South Bend Tribune, October 1, 1939, 5, accessed Newspapers.com.

The Indiana State Chamber of Commerce, “The Story of House Bill No. 445 . . . A Bill That Failed to Pass,” (Indianapolis, 1941?), Indiana State Library pamphlet.

The Indiana State Defense Council and The Indiana State Chamber of Commerce, “The Indiana Plan of Bi-Racial Cooperation,” Pamphlet No. 3, (April 1942), Indiana State Library pamphlet.

Mary Butler, “Mrs. Elizabeth Allen Lays Down Law to Family,” South Bend Tribune, July 30, 1950, 39, accessed Newspapers.com.

“Adult Award Winner,” South Bend Urban League and Hering House, Annual Report, 1960, p. 5, accessed Michiana Memory.

“Area Women Lawyers Tell It ‘Like It Is,’” South Bend Tribune, March 9, 1975, 69, accessed Newspapers.com.

Marilyn Klimek, “Couple Led in Area Racial Integration,” South Bend Tribune, November 30, 1997, 15, accessed Newspapers.com.

Emma Lou Thornbrough, Indiana Blacks in the Twentieth Century (Bloomington: Indiana University Press, 2000), p. 207.

Oral History Interview with Dr. Irving Allen, conducted by Dr. Les Lamon, IU South Bend Professor Emeritus, David Healey, and John Charles Bryant, Part 1 and Part 2, August 11, 2004, Civil Rights Heritage Center, courtesy of St. Joseph County Public Library, accessed Michiana Memory Digital Collection.