The “Black Day” of the General Assembly

The Indiana State House, photograph by Earl Brooks. Indiana Memory.

During intense political battles, particularly in the legislative branches of government, shouting matches sometimes turn into full on fights on the floor. This is especially evident with the intense, but weirdly funny, videos of legislators beating each other up. One from Time magazine, called “Politician Brawls Caught on Tape around the World,” displays this weird juxtaposition of suited politicians acting like completely foolish children. However, it would be naive to think that this type of behavior is limited to the present. In fact, one incident in Indiana’s legislature during the late nineteenth century demonstrates that political brawls go back much further.

Governor Isaac Gray, 1884 engraving, Indiana Memory.

Beginning as an electoral dispute that turned into outright violence, the “Black Day” of the Indiana General Assembly remains one of the darkest moments in Indiana political history. In 1885, Governor Isaac P. Gray, who had recently assumed the office, expressed public interest in an Benjamin Harrison’s U. S. Senate seat when Harrison’s term expired in 1888. The Republican-turned-Democrat Gray’s aspiration hit a snag when his lieutenant governor, Mahlon D. Manson, resigned. Some critics charged that Gray could not vacate the governorship if there was no successor in place. After consulting with Attorney General Francis T. Hord, Hord recommended that the lieutenant governor’s vacancy be filled at the next election in 1886.  Gray trusted that the Democratic nominee for the office, John C. Nelson, would win. Instead, the Republican challenger, Robert S. Robertson, won the election, thereby yoking the Democratic Gray with a Republican successor.

The Republican controlled house recognized the election, but the Democratic controlled senate fought the outcome.  As a countermeasure, Democrats defended their own Senate President, Alonzo Green Smith, and backed his move to be lieutenant governor, instead of Robertson. As the Indiana State Sentinel reported, “Indiana presents the singular spectacle of a State having an acting Democratic Lieutenant-Governor and a claimant for his seat in the person of a gentleman recently elected Lieutenant-Governor by Republican votes.”

Alonzo Green Smith, Indiana State Sentinel, March 2, 1887, Hoosier State Chronicles.
Robert Robertson, Indiana State Sentinel, March 2, 1887, Hoosier State Chronicles.

The 1886 lieutenant governor’s race contentiously pitted Democrats against Republicans. Smith even “appeared in the Circuit Court and instituted proceedings to restrain Robertson from assuming any duties of the office to which he claims to have been elected.” The court ruled against Robertson, but its decision was overturned by the Indiana Supreme Court on February 23, which gave Robertson the impetus to try to take his seat as president of the senate. The situation reached a tipping point on the morning of February 24, 1887. Lieutenant-Governor Elect Robertson tried to be seated in the chamber as president of the senate, but Smith would not allow it. Robertson pushed through the crowd into the chamber and demanded his seat, but Smith again denied him. At this point, according to the Indianapolis Journal, doorkeeper David E. Bulger stopped Robertson, catching him “by the throat, and with the other hand by the shoulder. Holding him thus for an instant, he threw him some fifteen and twenty feet from the steps” of the chamber’s dais. Robertson defended his right to be there, his “position to which the people elected me.” After some more rumblings inside the chamber, Smith declared, “If this man persists in speaking, remove him from the floor.”

Indianapolis Journal, February 25, 1887, Hoosier State Chronicles.

Robertson was forcibly removed from the chamber, and fighting and chaos broke out in the Senate chamber and its nearby hallways. Some legislators were even seriously injured. In regards to one incident, the Indianapolis News reported:

The trouble between Senators McDonald and Johnson occurred in about this way: . . . McDonald took hold of him, probably with no belligerent intention, and he was pushed over the arm of the sofa, near the door, when he got up. McDonald still had hold of him and Johnson struck him between the eyes, and then each man tried to impair the facial beauty of the other, but the crowd prevented. . . .Doorkeeper Pritchett [who] looked like he had been through a thrashing machine.

Indianapolis News, February 24, 1887, Hoosier State Chronicles.

It led to a complete breakdown of the state legislature that lasted throughout the 1887 session. As the Indianapolis News noted, “The one universal comment is that all legislation is now at an end. The two houses are running counter, or at least independent of each other. The house will never recede from the position taken yesterday, and advice is coming in from all directions that there must be no compromise now.”

Terre Haute Weekly Gazette, March 3, 1887, Hoosier State Chronicles.

The next day, Robertson attempted to be seated again but was “denied by the doorkeepers.” Not furthering legal action again Green and the Democrats, Robertson was never seated, and his election as lieutenant governor was never formally recognized. These ruckus machinations ruined Governor Gray’s campaign for the U.S. Senate and even fueled the campaign for the direct election of senators, which became the Seventeenth Amendment of the U.S. Constitution in 1912. Overall, the “Black Day” of the General Assembly remains one the darkest and most unsettling moments in Indiana political history. It reminds us that while the rancor and partisanship of our own time is certainly upsetting, historically speaking, it’s been much worse.

Consulted Works

  • Justin E. Walsh, The Centennial History of the Indiana General Assembly, 1816-1978 (Indianapolis: Indiana Historical Bureau, 1987).
  • Mitchell Walsh, Dennis L. Walsh, and James E. St. Clair, “Isaac P. Gray,” in The Governors of Indiana, ed. Linda C. Gugin and James E. St. Clair (Indianapolis: Indiana Historical Society and Indiana Historical Bureau, 2006).

Some material for this blog originally appeared on my other historical blog, IGA History: http://bit.ly/2lzzZrJ.

Billy Sunday: Revival in Richmond

Billy Sunday preaches in Jacksonville, Illinois, 1908. Indiana Memory.

The Reverend Billy Sunday, born November 19, 1863, started life as a professional baseball player before his conversion to Christianity in the late 1880s. From 1891 to 1895, Sunday learned the craft of evangelizing with an apprenticeship at the Chicago Y.M.C.A. (of which evangelical icon Dwight Moody was a co-founder), and by 1896 had become a professional evangelist. For the next 40 years, Sunday preached a Presbyterianism that represented “the more ‘American’ side of that denominational tradition—a broad, somewhat tolerant, not highly doctrinal, moralistic, patriotic, and often optimistic version of evangelical Protestantism.” His “sensational and vaudevillian” style urged personal responsibility and growth, which he advocated for in his urban evangelizing campaigns. From Sunday’s style of Americanized evangelism, one can easily see a connection to more modern evangelicals like Billy Graham.

Richmond Palladium, May 2, 1922. Hoosier State Chronicles.

For many years, Sunday made Winona Lake, Indiana his home with his wife and family. It gave him more opportunities to hold revivals in Indiana, especially ones lasting for weeks at a time. One such revival came to Richmond in the spring of 1922. For six weeks, Sunday preached to scores of people in Richmond, “saving souls” and collecting donations from audiences. The Palladium, the city’s premiere newspaper, provided  a supplement section in its daily paper for Sunday to share his sermons, stories, and testimonials with the public. It is unclear as to why the Palladium decided to provide such expansive coverage; perhaps a publishing agreement between Sunday’s ministry and the newspaper facilitated the section. An insight into this arrangement might be gleamed from Sunday biographer Theodore Thomas Frankenberg:

Newspapers in any community, whether large or small, must necessarily pay attention to an enterprise which the business men of the town or city are backing to the extent of thousands and thousands of dollars. The element of publicity continues with increasing vigor to the very end of all campaigns, and one of the remarkable features in connection with it is the fact that this publicity is never sought by any direct or overt act — it comes naturally, almost spontaneously, and is easily the fourth factor toward preparing the field for the advent of the evangelist.

In any event, a half-page ad in the Palladium advertised Sunday’s revival and the paper’s forthcoming coverage. “The Palladium will publish a daily supplement giving two full pages of news and pictures regarding the meetings and the sermons in Richmond,” the ad stated. The paper also boasted of its team of reporters who would cover the revivals with a “direct telephone line . . . run from the Tabernacle to the Palladium office in order that there be no delay.” While Sunday’s preaching may have been “old time religion,” the Palladium’s supplement was a modern affair that anticipated the rise of twentieth century American protestant evangelicalism.

Richmond Palladium, April 13, 1922. Hoosier State Chronicles.
Richmond Palladium, April 18, 1922. Hoosier State Chronicles.

The Palladium published its first supplement on April 17, 1922, right after Easter Sunday. Throughout its six-week run, the Billy Sunday supplement followed a predictable pattern. The first page would run a photo of Sunday, often with a quote. The first one, called “I’ve Got a Combative Nature,” quotes the preacher talking about his background in sports and its influence on his preaching. “I was graduated from five gymnasiums. I can go so fast for five rounds you can’t see me in the dust,” declared the Reverend Sunday. The right hand side carried his main sermon, which often focused on a specific topic. For the first issue, Sunday ruminated on what he believed was the “real essence of Christianity,” love:

I will admit that Christianity has fallen away beneath love as the original standard. Love is the dominant principle of the world; love can never be defeated. Love may be checked; love may be prevented for the time being, in accomplishing its aim, but love will drill a tunnel through all the mountains of opposition and reach the goal of a touchdown. Love—it’s the mightiest thing in the world! And the world is starving today for the manifestation of the love of God in the hearts of men and women.

Richmond Palladium, April 17, 1922. Hoosier State Chronicles.

However, Christianity was more than just love to Billy Sunday. It also manifested itself in good works, particularly donations to the church, or in his case, to his revivals. In every supplement, an article or informational table would display the amount of money, in cash and pledges, Sunday’s ministry received for his sermons. The first day, the total collections were $859.71. This wasn’t good enough for the fiery evangelist. “I turned down 25 cities to come here, and it is not fair to me or to the other cities if you do not support me,” Sunday chided. As subsequent issues were published, the money totals and people “saved” became more explicit.

Richmond Palladium, April 18, 1922. Hoosier State Chronicles.

The Palladium’s Billy Sunday supplement also shared with readers some of his best one liners or bits from his sermons. This was a smart move; Sunday was extremely quotable and articulate and would often do more with a sentence than other speakers could do in a paragraph. For example, in the April 18 issue, the Palladium published some of “Today’s Hot Epigrams from Billy Sunday’s Lips.” Here’s some of his best quotes from that issue:

*

I think that God is too busy to pay any attention to the fellow who is trying to lift himself by his own bootstraps.

*

This is not a world of chance. God don’t wind it up and then throw away the key and let her rip till she runs down. Nothing comes by chance.

*

Christianity is not a simply a creed. Christianity is a creed plus Jesus Christ.

*

Like with the first issue, a picture of Sunday, often in an animated preaching pose, accompanied the quotes. This gave readers a choice; either read the long-form sermons or check out their best bits and quotable lines. This provided Sunday with a wider readership than if he had just provided the sermons as a whole.

Richmond Palladium, April 19, 1922. Hoosier State Chronicles.

One of Sunday’s indispensable lieutenants in his crusades for Christ was Robert Matthews, described by the Palladium as the “custodian of the tabernacle.” However, this was not his only job. Matthews served as Sunday’s secretary, a “buffer between the world and his boss,” as well as his “pianist for the chorus, understudy for Rody [Homer Rodeheaver] as the leader of the choir, and finally a good talker when he has to be.” A native of Kentucky, Matthews graduated from Lake Forest College, received musical education in “New York, Paris, Milan, and Melbourne,” and spent time in the newspaper business before joining Sunday’s staff. The Palladium described Matthews as “faithful to Billy,” further noting that “he is sure that Billy is the greatest man on the face of the earth.” Matthews, along with other staff, made sure that the Sunday revivals went perfectly.

Homer Rodeheaver, known as “Rody,” was Sunday’s musical director. Richmond Palladium, April 20, 1922. Hoosier State Chronicles.

The revivals benefited additionally from a well-organized schedule of prayer meetings, led by Florence Kinney, a graduate of Dr. Wilbert W. White’s Bible Training School in New York City and dedicated lieutenant to Sunday. Kinney believed that, “Souls can be saved and individuals converted in those neighborhoods, just as well as at the big tabernacle meetings.” Kinney and Reverend Alfred H. Backus organized Richmond into 10 sections, each with their own superintendent responsible for prayer meetings. Kinney herself taught Bible study classes during the week, scheduled “immediately after the afternoon sermon.” These individualized, personal meetings reinforced Sunday’s sermons, gained new converts, and emboldened the already converted. In this regard, Sunday’s bureaucratic approach echoed the modern evangelical enterprises of Billy Graham and Jerry Falwell decades later.

“Come Up to Help the Lord,” hand-written proclamation from Reverend Sunday. Richmond Palladium, April 21, 1922. Hoosier State Chronicles.

In the supplement for April 21, the Palladium published a hand-written proclamation from Sunday, calling for evangelism in Richmond. “The history of the church is the history of revivals—the Church was born in the revival at Pentecost,” Sunday declared in his letter. He also summoned all of Richmond to join his revival. “I issue a proclamation,” Sunday wrote, “to the forces of truth, morality, righteousness in and out of the churches of Richmond ‘come up to the help of the Lord, against the and devil and all his hosts.” He signed it with his name and “Psalm 34,” which, among other verses, stated that “The Lord redeemeth the soul of his servants: and none of them that trust in him shall be desolate.” Sunday fervently believed that the message of Christianity would fail unless the people actively worked for the propagation of its message.

Billy Sunday’s tabernacle in Richmond, Indiana. Richmond Palladium, April 18, 1922. Hoosier State Chronicles.

To hit home this message, the Palladium ran a small chart, starting in the April 19 supplement, chronicling the money raised and those “saved” at the daily services. Between the afternoon and evening services on April 21, the ministry collected $344 and preached to 4,900 attendees. However, by the weekend’s end, the collection ballooned to $3,183.36 and attendance expanded by 19,700 people. As an aside, the paper also noted that the “foregoing does not include pledges, which will swell the total.” The chart began including converts with the April 26 issue, where 119 “’hit the sawdust trail,’ the first converts of the Richmond campaign.” Within days, the paper named the converted as “trail hitters,” a term used throughout the rest of Sunday’s revival in Richmond. By the time Billy Sunday’s six weeks in Richmond came to a close, his ministry claimed 5,876 “tail hitters” and $34,658 in collections. Not too bad for an old baseball slugger turned champion for the Lord.

Richmond Palladium, April 26, 1922. Hoosier State Chronicles.

However, Sunday was not without his controversies. He was openly against divorce, appearing in films, dancing, drinking alcohol, and the theory of evolution. With evolution, Sunday chided that, “If you believe your great, great granddaddy was a monkey, then you take your daddy and go to hell with him, but leave me out! I came from a different bunch, thank God.” He was also particularly bothered by divorce, saying “I shall never prostitute my manhood and high and honorable calling to unite in marriage a man or woman that has ever been divorced for any reason, as long as the man or woman from whom he or she is divorced is alive!” Sunday also railed against hypocrites within the ministry, stating, “I don’t like to see a minister who has one mannerism for the pulpit and another for the street.”

Richmond Palladium, May 3, 1922. Hoosier State Chronicles.

Yet, despite his calls for moral behavior and rejection of modern life, there was one group with which he was incautiously naive: the Ku Klux Klan. On May 14, 1922, 12 Klansmen in white robes approached the pulpit during Sunday’s evening service. They stood silent as they handed the reverend an envelope containing a “commendation and $50 in bills.” Sunday took the letter, merely replied “I thank you,” and said to the audience after they left, “I don’t know how you felt, but I commenced to check up on myself.” The Palladium reported that Sunday was “dumbfounded,” even though this was not his first encounter with the Klan. “The klan [sic] has made a present to Mr. Sunday in every city he has been in during the last year. . . . Even the Klan in Sioux City did the same thing,” Sunday confidant Robert Matthews told the press.

Richmond Palladium, May 15, 1922. Hoosier State Chronicles.

The Muncie chapter and the provisional Richmond chapter of the Ku Klux Klan signed the letter commending Sunday for “the wonderful work that you and your associates are doing in [sic] behalf of perpetuating the tenets of the Christian Religion throughout the nation. . . .” The Palladium further noted that this was “the first time in the history of Richmond that the Ku Klux Klan had appeared. . . .” It also would not be their last time. According to historian Leonard Moore, 4,037 men from Wayne County, of which 3,183 were from Richmond, joined the Ku Klux Klan in the 1920s. Of Richmond’s 26,000 residents, over 12% belonged to the Klan during the decade. Sunday’s interaction with the Klan was not an aberration, but rather a sign of things to come.

As for the Reverend, he shrugged off the “dumbfounding” incident, declared that he did not belong to any secret fraternal organizations, and said that “if you behave yourself they won’t bother you.” In an odd turn, Sunday never readdressed the incident, but instead criticized the liberal wing of Baptist Christianity. “It’s the liberal bunch that don’t like me, and I don’t want their backing,” Sunday shared with his audience before he called for attendees to come forward to be saved.” Sunday’s apparent lack of moral clarity on the issue of the Klan does not imply an endorsement of its politics; it only demonstrates that Sunday was not aware of the implications of associating with them. Nevertheless, Sunday’s actions remain problematic.

Richmond Palladium, May 26, 1922. Hoosier State Chronicles.

Towards the end of his run, Billy Sunday’s crowds, collections, and the “saved” continued to grow. On May 25, over 600 members of the local Odd Fellows organization attended the evening service, pushing the audience to 5,200 people and past tabernacle capacity. The next day brought a record 2,000 people to the revival on a week day, the highest it had ever been. His final night of evangelizing brought to his ministry over $10,700 in donations, mostly from those in attendance but also from those unable to attend who donated earlier in the week. The Palladium covered Sunday’s final sermon and the start of his travel home to Winona Lake:

Billy Sunday’s residence at Winona Lake, Indiana, 1920. Indiana Memory.

About 1,500 saw Mr. Sunday off to his home at 10:20 o’clock Sunday evening. As the train started. Billy Sunday was shaking hands with a member of the crowd and was pulled off the steps to the platform. He managed to catch the steps of the end car as it passed and Richmond’s last sight of the evangelist was as he stood on the platform, waving goodbye.

During his six-week revival, Sunday gave 95 sermons in front of nearly 250,000 people, making him one of the biggest draws in the history of Richmond. He left the city a massive success.

Richmond Palladium, May 29, 1922. Hoosier State Chronicles.

One of the biggest reasons for that success was the daily newspaper coverage he received in the Richmond Palladium. “The papers in this town have done better in covering this campaign from every angle than any other city have been to,” Sunday told the Palladium on his final day in Richmond. This is no exaggeration. The Palladium gave Sunday six weeks of uninterrupted newspaper coverage in a special supplemental section, a unique experiment in the newspaper’s near-200 year history. They printed his sermons almost verbatim, alongside other stories, quips, and updates on the prayer meetings and the amount of people “saved.” The Palladium‘s wall-to-wall coverage of Sunday’s revivals foreshadowed today’s network of newspapers, magazines, television stations, and internet media devoted to religious programming. Thus, the Palladium’s “Sunday Supplement” underscores the immense influence of Billy Sunday and evangelical Protestantism in the Midwest during the early 20th century.

To learn more about Billy Sunday, visit Chronicling America and Hoosier State Chronicles.

Richmond Palladium, May 9, 1922. Hoosier State Chronicles.

Portions of the introduction appeared in my thesis, Ingersoll, Infidels, and Indianapolis: Freethought and Religion in the Central Midwest.

Hoosier State Chronicles: The Series | From Drifter to CEO: The Remarkable Life of Henry C. Ulen

The life of Hoosier industrialist Henry Ulen seems like a movie—a person of little education and resources who uses his raw talents and savvy to build a massive business empire, who then comes back to his hometown to share the fruits of his success. Perhaps it was his years drifting from town to town on the railroads as a young man that inspired a sense of community, of needing a place to call one’s own. As such, his business ventures were all about providing places with the tools they needed to build communities and wealth of their own. And today, over 120 people still call the town of Ulen home, with the golf course still serving as a hub that brings the community together. The life, work, and charity of Henry C. Ulen exemplified the true meaning of “Hoosier Hospitality.”

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Credits: Written and produced by Justin Clark.

Music: “Forest” by Vlad Gluschenko, “Wanderlust” by Scott Buckley, “Chess Pieces” by Silent Partner, “Saturday Groove” by John Deley, “Lake Eerie” by Silent Partner, and “Purpose” by Jonny Easton

Continue reading “Hoosier State Chronicles: The Series | From Drifter to CEO: The Remarkable Life of Henry C. Ulen”

Ku Klux U: How the Klan Almost Bought a University

Hagerstown Exponent, October 4, 1923
Hagerstown Exponent, October 4, 1923. Newspapers.com.

When the Hagerstown Exponent published this headline in October 1923, the editor had slightly exaggerated. The Ku Klux Klan’s powerful “Indiana Realm” had not literally bought itself a venerable institution of higher learning that summer– but it had come close. For a few weeks, Valparaiso University — sixty miles from downtown Chicago and formerly one of the largest private schools in the U.S. — teetered on the brink of becoming a “Ku Klux Kollege.” Once praised as the “Poor Man’s Harvard,” in 1923, many feared the university was about to become a “hooded Harvard.”

“Valpo” is a thriving university today, with some of the best programs in Indiana — and has no connections whatsoever to the KKK.  Yet, a century ago, after its rapid rise to national fame, the highly-respected school experienced hard times that took many alumni and faculty by surprise.

Founded by Methodists in 1859, the original school — Valparaiso Male and Female College — took in students of all levels, from elementary to college age.  The pioneer school was also one of the few co-educational institutions in America before the Civil War. That war wreaked havoc on enrollment, leading the college to close its doors in 1871.  Two years later, it reopened as a teacher’s college. Until 1900, the school went by the name Northern Indiana Normal School and Business Institute.

Renowned for its economical tuition and low cost of living — as well as for admitting women and students from overseas — by 1905 “Old Valpo” enjoyed one of the highest enrollments of any private university in the U.S.  With over 5,000 students that year, the school ranked just behind Harvard.  Its affordability to working-class Americans led many to praise it as the aforementioned “Poor Man’s Harvard.”


Valparaiso University circa 1915
Valparaiso University, circa 1915. Flickr.com.

Students from all over the U.S. and the world trained to be public school teachers there. Some were later busy teaching English to immigrants employed at Gary’s new steel mills.  Valpo’s programs in law, engineering, medicine, and dentistry were well-regarded. Its College of Medicine and Surgery had been brought over from Northwestern University in Chicago.  When the college moved back to the Windy City in 1926, it formed the nucleus of Loyola’s medical program.

Harvard and Yale might have been too good to take out ads in Chicago newspapers.  But this ad from 1905 appeared next to one for another great school on the rise, the University of Notre Dame.


The Inter Ocean, August 1, 1905
The Inter Ocean, Chicago, August 1, 1905. Newspapers.com.

Yet, once enrollment peaked in 1907, venerable Valpo plunged into an unexpected, two-decade-long decline. After accreditation of American colleges and universities began at the turn of the century  — partly driven by a desire to standardize high-school education and thereby “unify” the country — Valparaiso failed to win accreditation. Suddenly unable to transfer their credits, current and prospective students found the school a harder sell, especially as affordable new state universities, teachers’ colleges, and urban night schools entered the competition.  Valpo’s lack of a football team and Greek life were another stumbling block, though it hurriedly scraped together a football program in the early 1920s and even played Harvard.  (It lost 22-0 in its first game.)


VU
Postcard from Valparaiso University, 1911. Flickr.com.

World War I issued another blow. The famously affordable university had always attracted international students.  (One of the more unusual of them was future Soviet Comintern agent Mikhail Borodin, “Stalin’s Man in China,” who would die in a Siberian gulag in 1951.)  But after 1914, many of these students left to fight for their European homelands in WWI.  When America entered the war against Germany in 1917, student military enlistment left Valpo’s academic and residence halls almost empty.  Also, with plenty of war-related jobs now available to women, female students also tended to skip out on college for the duration of the war.


Journal Gazette (Mattoon, IL), July 17, 1923
Journal Gazette, Mattoon, IL, July 17, 1923. Newspapers.com.

In 1919, Indiana passed a new law requiring private colleges to maintain a half-million dollar endowment.  Cash-strapped Valparaiso University, burdened with a $350,000 debt (almost $5 million in today’s money) faced the real prospect of bankruptcy.  The school’s trustees even tried to sell it to the state that year for use as a public teacher’s college, but the Indiana legislature declined the offer.

Holding on by a thread — and led by controversial president Daniel Russell Hodgdon, who turned out to hold fake medical degrees — desperate trustees and the equally-desperate citizens of Valparaiso sought new owners.  That list of potential “saviors” grew to include the Presbyterian Church, the International Order of the Moose, and the owner of Cook Laboratories in Chicago, who wanted to turn the campus into a syringe factory and provide 1,000 jobs to townsfolk.


Daily Republican (Rushville, IN), August 16, 1923
Daily Republican, Rushville, Indiana, August 16, 1923. Newspapers.com.

Then, in August 1923, a new bidder expressed interest. For some residents of Valparaiso — which hosted a parade of at least 6,000 Klansmen in May 1923 that attracted 50,000 visitors from around the Midwest — the offer from the Ku Klux Klan to take over the struggling school seemed like a God-send.  Academics, alumni, and students thought differently, especially Catholics and Jews, and many were ready to pack up and leave. Yet, as far as the trustees were concerned, the question of selling Valparaiso University to the Ku Klux Klan mostly came down to whether that organization itself had the resources to made good on its own offer.

The efforts of the revived Klan proved more durable than that which had died out in the 1870s.  Klan rallies and parades occurred all over the North and West, from Chicago and L.A. to Oregon and Maine.   KKK membership in those years peaked in Indiana, Illinois, and Ohio, “ground zero” for some of the biggest Klan activity.  D.C. Stephenson, the Grand Dragon of the Ku Klux Klan in 23 states, operated mostly out of his headquarters in Indianapolis, a city that was almost taken over by Klansmen and Klanswomen; It was also a city that fought a valiant battle in the press, courts, and churches to discredit the “Invisible Empire.”


KKK Members, Valparaiso, 1923
Klansmen on Franklin Street, Valparaiso, Indiana, 1923. Smithsonian Magazine (via Ancestry.com).

The Fiery Cross, May 11, 1923
Fiery Cross, May 11, 1923. Hoosier State Chronicles.

The “second wave” of the Klan defined itself as a hyper-patriotic organization of white Protestant Americans and was more mainstream than at any other point in its history. Instead of waving the Confederate flag at rallies and parades as had previous iterations of the Klan, they flew the red, white, and blue. During the 1920s, the Klan was less concerned with suppressing African Americans than with stemming the tide of new immigration coming from Southern and Eastern Europe — including to heavily-industrial towns like Gary, just thirty miles from Valparaiso.  The Klan sought to cripple an imaginary conspiracy contending that Catholics wanted to destroy American public schools and hand the U.S. government over to the Pope. It also warned of the activities of “Jewish Communists” and anarchists in the wake of the Russian Revolution and the 1919 Red Scare. Prohibition of alcohol, another cause taken up by the KKK, was a barely concealed way to crack down on immigrant culture.

Ku Klux Klan Rally in Washington, D.C. on September 13, 1926. Library of Congress.

These views were shared by thousands of Americans who didn’t belong to the Klan. The “Invisible Empire” even found strange bedfellows in the Progressive movement, including women’s suffrage advocates, who espoused some of the same “reform” ideals promoted by the Klan, albeit with different objectives. They also got involved in public health. In 1925, the organization helped fund a hospital in Logansport that catered only to Protestants. Alongside these initiatives, acquiring a university would have helped the Klan project a more legitimate image. Since Valparaiso was a teacher’s college, the Klan could also propagandize American children from within schools.


Fiery Cross, August 24, 1923
The Fiery Cross, August 24, 1923. Hoosier State Chronicles.

Fiery Cross, August 24, 1923 (4)
The Fiery Cross, August 24, 1923. Hoosier State Chronicles.

By July of 1923, the trustees of Valparaiso University and the Klan were talking. Representing the Klan was Milt Elrod, whom Stephenson had recently made editor of the Fiery Cross, the major KKK newspaper, printed at the Century Building on South Pennsylvania Street in downtown Indianapolis.

When encountering obvious concern from much of the faculty and student body, Elrod assured the press that a Ku Klux takeover of the school would change nothing except the trustee board, which was to be filled with Klan appointees.  The school would remain open to women and would be non-sectarian, Elrod insisted — though Catholic students were already beginning to drop out and enroll elsewhere.  Ludicrously, Elrod initially claimed that the Klan would admit any applicant who met the proper educational requirements, including African Americans, though he later admitted that the school would not have adequate facilities for them.  (The sad irony is that Valparaiso University did not admit African Americans even before the Klan tried to buy it.)


Fort Wayne Journal-Gazette, August 16, 1923 (2)
Fort Wayne Journal-Gazette, August 16, 1923. Newspapers.com.

Few people (trustees excepted, it seems) took Elrod at his word when he said that nothing else would change at the university, except skyrocketing enrollment and the return of its once prestigious reputation.  Yet Elrod’s enemies had already come out. In the Fiery Cross on August 24, 1923, he was busy singling out “un-American” and “alien forces” as his opponents. Elrod may have been quick to pick up on campus rumors that Catholic priests from Notre Dame had visited town, spurring the Klan to act soon and not be outbid by the “agents of Rome.”


Fiery Cross, August 24, 1923 (3)
The Fiery Cross, August 24, 1923. Hoosier State Chronicles.

Heavy opposition came from the press.  Even in Indiana, major urban newspapers tended to be anti-Klan, including the Indianapolis Star, Indianapolis News and most famously the Indianapolis Times, which won a Pulitzer for its battle against the group.  Some of the sharpest criticism, however, came from George R. Dale, the wildly colorful and energetic editor of the Muncie Post Democrat.  Dale, who endured death threats and assaults on his life and that of his family, ran a paper that was virtually one long, rambunctious op-ed piece, employing a folksy humor to give sucker-punches to the powerful “Indiana Realm.” Dale went on to become mayor of Muncie in 1930.


Muncie Post Democrat, August 3, 1923
Muncie Post Democrat, August 3, 1923. Hoosier State Chronicles.

Editors and cartoonists nationwide– including E.H. Pomeroy, an illustrator for the Valparaiso Vidette — tore into Elrod’s proposal once it came out that he might, in fact, get hold of the $350,000 in cash needed to bail the school out of debt.  (Elrod also promised that the Klan would set it up on a million-dollar endowment, twice the amount required by Indiana law.)  As the story spread across the U.S., an illustrator in the New York Call went straight for the jugular, publishing a parody of Dante’s Inferno — “Abandon All Brains Ye Who Enter Here.”  The cartoon depicts book-burning, classes in whipping and tar-and-feathering, a “Klinik” to teach “100% Americanism,” and a commencement day ceremony where students sport an unconventional new style of cap and gown.


Abandon All Brains, Ye Who Enter Here. Republished in Literary Digest, September 15, 1923. UNZ.org.

Another critical broadside came from Helena, Montana.  The writer in Helena’s Independent Record thought that a bout of education for those in the Klan might at least have a few “salutary” side-effects.


The Independent Record (Helena, Montana), August 28, 1923

The Independent Record (Helena, Montana), August 28, 1923 (2)
The Independent Record, Helena, Montana, August 28, 1923. Newspapers.com.

One editorial, “Ku Klux and Kolleges”, appeared in Robert W. Bingham’s Louisville Courier-JournalIt asks if there is no provision in the Indiana school’s original charter to prevent the sale to the Klan.  The Courier-Journal also pointed out that many teachers in Kentucky had been trained at Valparaiso in its better days, and that Kentuckians should be concerned about its ultimate fate.


Louisville Courier-Journal, July 27, 1923 (3)
Louisville Courier-Journal, July 27, 1923. Newspapers.com.

Though excitement among some Valparaiso citizens allegedly ran high, Milt Elrod was probably too quick to make blustery promises about the Klan’s own financial strength.  His proposal to buy the school wasn’t completely baseless, but Elrod was a notorious booster and propagandist.

Through the sale of thousands of robes, newspaper subscriptions, and membership fees, the leadership of the Klan had amassed huge fortunes for itself.  D.C. Stephenson had gone from being a poor coal dealer in Evansville to a wealthy man by age 33, but he squandered Klan money on liquor, women, cars, and a yacht. Even the $350,000 needed to buy the Valparaiso campus — not to mention the $1,000,000 offered as an endowment — was apparently beyond the ability of the Klan to come up with (or hang onto).

The American press and higher education breathed a sigh of relief when, after just a few weeks, Elrod feebly announced that the Klan had changed its mind due to “legal technicalities.”  Some papers reported that — true to the Louisville Courier-Journal’s suggestion — a clause in the school’s original charter had been discovered, preventing control by any “fraternal, benevolent or charitable order” (an inaccurate description of the Klan, at any rate).


Fort Wayne Daily News, September 5, 1923. Newspapers.com.

“Legal technicalities” caused by the school’s charter might have been a myth, a clever way for both the university and the Klan to save face after the embarrassing episode.  Most newspapers ran with it, but there seems to be little evidence that university trustees would have called off the sale if enough cash had been put down in front of them.


Fort Wayne Journal-Gazette, September 11, 1923
Fort Wayne Journal-Gazette, September 11, 1923. Newspapers.com.

Fortunately, Valparaiso University never fell into KKK hands. With the corrupt Klan itself in disarray by 1925, and with Stephenson headed to the nearby state prison at Michigan City for rape and murder, any future Klan bids were out of the question.

In the summer of 1925, the Lutheran Church-Missouri Synod rescued the run-down, almost abandoned school.  Lutherans at that time had several colleges and seminaries around the U.S., but no university. They announced vague plans to use it as a theology school or teachers’ college.  Securing the deal was assisted by Reverend John C. Baur, a Lutheran minister and noted opponent of the Ku Klux Klan in Fort Wayne, Indiana.


The Republic (Columbus, IN), May 18, 1925
The Republic, Columbus, Indiana, May 18, 1925. Newspapers.com.

Under Lutheran guidance, Valparaiso University’s fortunes gradually turned around, though it barely survived the Great Depression.  By the 1950s, “Old Valpo” once again ranked among Indiana’s and the nation’s best colleges, a reputation it still holds today.


Hoosier State Chronicles provides searchable access to several years of The Fiery Cross.

Other materials from the Indiana State Library on the Ku Klux Klan in Indiana can be found here.

Contact:  staylor336 [AT] gmail.com

The Crusader: J. Frank Hanly and the Election of 1916

Indiana Governor J. Frank Hanly. Courtesy of WikiCommons.
Indiana Governor J. Frank Hanly. Courtesy of WikiCommons.

Did you know that three Hoosiers appeared on national tickets for president or vice president in 1916?  The Democrats ran Thomas R. Marshall of Columbia City for re-election in 1916 alongside President Woodrow Wilson.  The Republican Party tabbed President Theodore Roosevelt‘s former vice president Charles W. Fairbanks of Indianapolis as the running mate of GOP presidential nominee Charles Evans Hughes.  You may ask, who was the third Hoosier running for president or vice president in 1916?  If you guessed Terre Haute-native Eugene V. Debs, you would be wrong.  After being the  Socialist Party presidential nominee four times from 1900-1912, Debs sat out the 1916 campaign before running again (from prison) in 1920.

The third Hoosier and national party candidate in 1916 was a man who is not well-known today, but was a former governor of Indiana, and an influential leader in the prohibition movement.  As a third-party challenger, J. Frank Hanly ran as the Prohibition Party presidential nominee during the 1916 election. Founded in 1869, the Prohibition Party campaigned for laws to limit or ban the sale and manufacture of intoxicating liquors.  The party nominated candidates for office, but only found real success with local elections.  For Hanly, his candidacy in 1916 served as the culmination of decades of advocacy for making Indiana, and the nation, dry as a desert.

The Hanly Family Home in Williamsport, Indiana. Courtesy of Newspapers.com.
The Hanly Family Home in Williamsport, Indiana. Source: Indianapolis Star, May 7, 1904.

According to a 1904 profile in the Indianapolis News, James Frank Hanly was born on April 4, 1863 in Champaign County, Illinois. His early life exemplified the rough-hewn stereotype that politicians of the era both yearned to have and exploit when useful. As the News wrote, “The world had nothing to offer the cabin boy but poverty. His parents lived on a rented place and sometimes the Hanly’s wondered where the sustenance of coming days was to come from.” Hanly, described as a bookish child, reveled in debate during his schoolhouse days and had “victory perched on his banner very often.” With his mother blinded early in his life and the family thrown into even more intense poverty, Hanly was sent to live with friends of the family in Williamsport, Warren County, Indiana.

He held odd-jobs throughout his early years in Indiana, most notably ditch digging and teaching, before gaining an opportunity from a local judge named Joseph Rabb. Rabb provided Hanly with the tools to take the bar exam. After passing the exam, Hanly began work at Rabb’s office. Nearly two years later in 1890, he founded a law office with partner Ele Stansbury. Equipped with skills of law and oratory, Hanly was a natural fit for the role of public service. He was elected to the U.S. House of Representatives in 1894 and served one term; his reelection was dashed due to redistricting. After some considerations for a seat in the U.S. Senate, Hanly decided to run for governor of Indiana in 1904 and won, defeating Democrat John W. Kern by 84,000 votes, according to the Plymouth Tribune.

Indianapolis Journal, November 8, 1894. Courtesy of Hoosier State Chronicles.
Indianapolis Journal, November 8, 1894, from Hoosier State Chronicles.
Governor J. Frank Hanly and military officers at Fort Benjamin Harrison Camp of Instruction, 1906. Courtesy of Indiana Memory.
Governor J. Frank Hanly (Center) and military officers at Fort Benjamin Harrison Camp of Instruction, 1906. Courtesy of Indiana Memory.

Hanly served as Indiana’s Governor from 1905-1909 and his tenure was marked by a controversial fight over Hanly’s central political issue: the sale of alcohol. He committed his tenure to enacting a stronger form of public policy in regards to the liquor traffic. In an op-ed for the Jasper Weekly Courier, Hanly wrote:

Personally, I have seen so much of the evils of the liquor traffic in the last four years, so much of its economic waste, so much of the physical ruin, so much of its mental blight, so much of its tears and heartache, that I have come to regard the business as one that must be held and controlled by strong and effective laws.

Jasper Weekly Courier, April 10, 1908, from Hoosier State Chronicles.

The type of “strong and effective laws” that Hanly wanted came in the form of a “county local option bill,” which Hanly foisted upon the Indiana General Assembly via a special session. This law strengthened the intent of the Nicholson Law, which required extended waiting periods for liquor licenses. Hanly saw this as the first step towards state-wide prohibition, but his opposition saw it as an opportunity. Due to his heavy-handed use of executive power during 1908, the Republican gubernatorial candidate James E. Watson was easily defeated by the Democratic challenger, Thomas Marshall.

Plymouth Tribune, September 24, 1908. Courtesy of Hoosier State Chronicles.
Plymouth Tribune, September 24, 1908, from Hoosier State Chronicles.

Hanly was undeterred. He reaffirmed his position against alcohol in a rousing speech at the 1908 Republican National Convention reprinted in the Indianapolis News. Concerning the liquor traffic, Hanly declared:

I hate it as Abraham Lincoln hated slavery. And as he sometimes saw in prophetic vision the end of slavery and the coming of the time when the sun should shine and the rain should fall upon no slave in all the republic, so I sometimes seem to see the end of this unholy traffic; the coming of the time when, if it does not wholly cease to be, it shall find no safe habitation anywhere beneath Old Glory’s stainless stars.

To Hanly, the sale of alcohol equaled slavery in its immorality, and akin to his political hero, viewed his indictment of alcohol as righteous as Lincoln’s position on slavery (at least on the surface).

Over the next eight years, Hanly dedicated himself to his cause with a near-religious fervor. He wrote and published pamphlets calling for stricter laws for state liquor trafficking and for nation-wide prohibition. He also formed an organization called the Flying Squadron Foundation that routinely gave speeches throughout the country in defense of outlawing alcohol.  He also founded a prohibitionist newspaper, the National Enquirer (not to be confused with the supermarket tabloid).

Lecturers of the Flying Squadron, a prohibitionist organization founded by J. Frank Hanly, 1917. Courtesy of Indiana Memory.
Lecturers of the Flying Squadron, a prohibitionist organization founded by J. Frank Hanly, 1917. Courtesy of Indiana Memory.

All of his activism proved valuable by the election of 1916. Originally, Hanly received the Progressive Party’s nomination for governor, after he ran unopposed in the March primary. Despite support from the party and the voters, Hanly felt ambivalent about his nomination. As the Indianapolis News reported, Hanly “spent nothing and made no promises when a candidate before the primary for the Progressive nomination as Governor.” The Progressive Party, in some respects, was a poor fit. Even though Hanly alienated himself from mainstream Republican politics due to his strict prohibitionist views, his dedication to fiscal conservatism and limited government did not align with the Progressives. While Hanly internally debated accepting the Progressives’ gubernatorial nomination, another political party began recruiting him for an even higher office.

Indianapolis News, June 15, 1916. Courtesy of Hoosier State Chronicles.
Indianapolis News, June 15, 1916, from Hoosier State Chronicles.

In June 1916, Hanly abandoned the Progressive Party, and declined the nomination for governor. Later that summer, he received the Prohibition Party nomination for President of the United States. The Indianapolis News and the Indianapolis Star reported that Hanly would gladly accept this charge only after the party decided to abandon a plank in their party platform supporting “initiative, referendum, and recall” elections, which Hanly saw as anathema to his limited government views. The party acquiesced to Hanly’s demands, which later drew criticism from an editorial in the Indianapolis Star and later reprinted in the Jasper Weekly Courier.  On the day of his nomination, Hanly reiterated his resolve to the cause of Prohibition and argued that “legislative enactments, administrative action, judicial decision and constitutional amendment—all shall be used for its [alcohol’s] dethronement.” In eight short years, Hanly went from Republican, to reluctant Progressive, to ardent Prohibitionist.

Dr. Ira Landrith (Left) and J. Frank Hanly (Right) shaking hands at their nomination ceremony for the Vice-Presidential and Presidential nominations for the Prohibition Party, respectively. Source: Indianapolis Star, August 9, 1916.

His disassociation with the Republican Party led to a fairly embarrassing episode reported in the August 15 issue of the Indianapolis News. The paper wrote that, “state officials are wondering how a picture of J. Frank Hanly got on the wall in [Ed] Donnell’s office [at the state printing board’s office]. Mr. Hanly, former Governor of Indiana, is now the nominee for President on the Prohibition national ticket.” A little over a week later, on August 28, the portrait disappeared. When asked how it left, Donnell “referred questioners to [J. Roy] Strickland, who disclaimed all knowledge of any theft, other than to declare that he understood the picture had been confiscated by the Democratic state committee.” The installation and later removal of the painting remains a mystery, but this story exemplified one conclusion that many political observers were making about the Prohibition Party candidate: the major parties were done with him too.

Indianapolis News, August 28, 1916. Courtesy of Hoosier State Chronicles.
Indianapolis News, August 28, 1916, from Hoosier State Chronicles.

Hanly’s presidential campaign began later that August with an announcement from Hanly and his Vice-Presidential running mate, Dr. Ira Landrith, that they would conduct a “two-months’ tour of the country, will stop at approximately 600 towns.” The slogan for their campaign was “A Million Votes for Prohibition.” As part of the Prohibition Party’s push for a million votes, Hanly heavily criticized the major party candidates, Republican Charles Evans Hughes and incumbent Democratic President Woodrow Wilson. On the issue of prohibition, Hanly said that “President Wilson has not changed his mind on the liquor question, not in the last six years, at least, but we know that during these six years he has changed his mind on every other question which has come before him.” Of Hughes, Hanly remarked that the Republican nominee “stands for nothing.” By supposed contrast, Hanly and Landrith stood for women’s suffrage, an eight-hour work day, environmental protections, and military preparedness in line with the Monroe Doctrine alongside its desire to end the liquor trade.

Indianapolis News, November 10, 1916, Courtesy of Hoosier State Chronicles.
Indianapolis News, November 10, 1916, from Hoosier State Chronicles.

By November 1916, the Prohibition Party appeared confident in their chances for some electoral success. The Indianapolis News covered their claims of success at a rally in Auburn, Indiana. “Ira Landrith, the vice-presidential candidate,” the News reported, “declared there now are 167 electoral votes in “dry” states; that next year there will be 200, and in 1930 there will be 300.” Their optimism was misplaced, for the election returns told a different story. Hanly and Landrith only captured 221,302 votes, or only 1.19 percent of the popular vote. They neither secured the one million votes they campaigned on, nor picked up a single electoral vote. Wilson won the election with 277 electoral votes and 49.25 percent of the popular vote. The Indianapolis News highlighted that the level of the vote for the Prohibition Party had dropped in Marion County alone by nearly 500 votes, from 1241 to 744, and throughout the State of Indiana, Hanly only garnered 16,680.

Indianapolis News, November 20, 1916. Courtesy of Hoosier State Chronicles.
Indianapolis News, November 20, 1916, from Hoosier State Chronicles.

Of the returns, Hanly was delighted despite his small showing at the polls.  He stated, “I believe that of all the presidential candidates at the last election, I am the happiest. The returns were no disappointment to me.” Despite the Prohibition Party’s electoral loss, the prohibition movement made great strides after the election. The News wrote“More than one-third of the people of the whole nation now live in territory where prohibition will be effective.” After the election Hanly remained an active prohibition proponent.  He played a key role in lobbying for the state-wide prohibition of alcohol by 1918, two years before the 18th Amendment to the U.S. Constitution mandated prohibition across the United States. Hanly celebrated its implementation by introducing National Dry Federation President William Jennings Bryan at a meeting in Indianapolis.

Indianapolis News, August 2, 1920. Courtesy of Hoosier State Chronicles.
Indianapolis News, August 2, 1920, from Hoosier State Chronicles.

Hanly’s lifelong efforts advocating for prohibition came to an end with his untimely death on August 1, 1920, at the age of 57. He had been “fatally injured in an automobile accident near Dennison [Ohio],” reported the Indianapolis News. His funeral was held at Meridian Street Methodist Episcopal Church and he was buried in Williamsport, Indiana. In a eulogy by Indianapolis Phalanx publisher Edward Clark, Hanly was hailed as a “a national leader in the greatest moral and political reform of the century.” Clark concluded, “[Hanly] has ended life’s combat and laid down the weapons he wielded so heroically and so valiantly.”

Historian Jan Shipps argued that the choices Hanly made during his political career may have been pure opportunism, the mark of a true believer, or somewhere in the middle. The last argument seems to be the most accurate, because Hanly appeared to be a bit of both, at least in the press. He was an astute, masterful politician who used the workings of power to achieve his own prerogatives. At the same time, he was a deeply religious man whose moral judgement animated him to act as a crusader against alcohol. As Edward Clark’s eulogy intimated, Hanly knew that “to announce himself as a party prohibitionist meant unpopularity, scorn, ridicule, abuse, and political oblivion—but he hesitated not.” While he never saw the effects of Prohibition, both good and bad, in his state or in the country, Hanly’s contributions to the movement should not be neglected in our understanding of the era.

Wheels of Corruption: Bicycles, Billy Blodgett, and the Allen Manufacturing Company

An "outing bicycle." Indiana Historical Society.
Hay & Willit’s Outing Bicycle, 1896, Indiana Historical Society.

During his long and storied career, Indianapolis-based investigative journalist William H. “Billy” Blodgett exhibited a penchant for exposing local corruption and unlawful business practices. One not entirely aboveboard business in particular caught his attention in the 1890s.

"Bicycling Etiquette," Indianapolis News, August 18, 1894, Hoosier State Chronicles.
“Bicycling Etiquette,” Indianapolis News, August 18, 1894, Hoosier State Chronicles.

During the Gilded Age, bicycles became a national phenomenon. With ever-changing designs and the lowering of costs, bicycles spurred social clubs, faced religious blow back, and even influenced clothing trends. As such, the need for bicycles exploded, with hundreds of different companies competing for their share of the marketplace. There were dozens of companies in Indiana alone.

Of these companies, the Allen Manufacturing Company garnered moderate success but attracted controversy. Founded in 1894 and later incorporated in 1895 by David F. Allen, David A. Coulter, James Murdock, and William B. Hutchinson, Allen Manufacturing maintained a peculiar corporate structure and political affiliation with the Democratic party. In some respects, you could have called the company a “Government-Sponsored Enterprise,” wherein the products made were sold in the marketplace but the labor and capital costs were funneled through government institutions. This is especially true of its labor force, comprised exclusively of prisoners from the State prison north in Michigan City. As reported by the Indianapolis News, “the convicts who work in the factory are to be paid 42 cents a day. Mr. French [the prison’s warden] says that 150 men will be employed in the factory.”

James Murdock, one of the founders of the Allen Manufacturing Company. Biographical Record and Portrait Album of Tippecanoe County, Indiana, Google Books.
James Murdock, one of the founders of the Allen Manufacturing Company. Biographical Record and Portrait Album of Tippecanoe County, Indiana, Google Books.

Before Blodgett’s investigative reporting on the company, the Indianapolis Journal published a pointed critique of Allen Manufacturing’s labor force. The piece referred to the venture as a “blow to honest labor” and argued that the lack of skilled bicycle makers will “glut the market with cheap wheels.” The article emphasized this point in a further passage:

At the price paid [for labor] the company will have a great advantage over the manufacturers of Indiana, and their employees will, of course, share in the loss by reason, if not through cheapened wages, then of less opportunity for work. The new venture is not likely to decrease their hostility to the prison labor system and the Democratic party of Indiana.

Indianapolis Journal, October 29, 1894, Hoosier State Chronicles.
Indianapolis Journal, October 29, 1894, Hoosier State Chronicles.

Another piece in the Indianapolis News, possibly written by Blodgett, also criticized the company’s deep ties to political operatives, and in particular, founder David F. Allen. Allen was serving on the State Board of Tax Commissioners when the company was founded (but not incorporated), and if he didn’t leave the Board, he would be violating section 2,049 of the Indiana legal code. In other words, Allen and his business partners kept the public existence of the company private for nearly a year, incorporating on March 14, 1895, so as to avoid potential conflicts of interest.

Public record of Allen Manufacturing's labor agreement with Indiana prison north, Google Books.
Public record of Allen Manufacturing’s labor agreement with Indiana prison north, Google Books.

While Allen Manufacturing was still an unincorporated entity, it struck a deal with the Indiana prison north in October 1894 to employ 150 prisoners at forty cents a day (lower than forty-two cents, as mentioned in the papers) for the next five years. The agreement was then amended in 1896 to remove twenty-five workers from the contract for another project. Again, this is a private consortium of well-connected political operatives setting up a business to take advantage of the state’s prison labor system .

At least the prisoners made a quality product. While I couldn’t find photographs of the bicycles, they were apparently made well enough to appear in a state-wide bicycle exhibition on January 28, 1896 at the Indianapolis Y.M.C.A. According to the Indianapolis Journal, the Allen Manufacturing Company displayed its bicycles with 14 other firms and the show also displayed artwork by T.C. Steele, among others. Allen Manufacturing also acquired the Meteor Bicycle Company, a nationally recognized firm located in Grand Rapids, Michigan, and began manufacturing bikes under the name from 1896 to 1898. While the public face of their company seemed bright, its internal workings quickly began to unravel.

Indianapolis Journal, January 25, 1894, Hoosier State Chronicles.
Indianapolis Journal, January 25, 1894, Hoosier State Chronicles.

By 1897, Allen Manufacturing’s financial problems began bubbling to the surface. After the release of twenty-five prisoners from their contract at Indiana state prison north, its labor force wasn’t big enough to keep up with an order for 2,000 bicycles wheels. From there, the company ran up debts that were nearly impossible to reverse, taking out a mortgage to offset their losses. As reported by the Indianapolis News:

Edward Hawkins, of this city [Indianapolis], who has been appointed trustee under the mortgage, returned to-day from a meeting of the officers and directors of the company at Michigan City. The company, he says, found itself unable to pay its paper due, and executed a mortgage on the plant for the benefit of the banks that hold the paper.

Even though it paid off $6,500 owed to the state in October of 1897, Allen’s troubles continued. Hawkins was removed as mortgage trustee, more and more creditors were filing claims, and two court-appointed receivers stepped in to try to clean up the mess.

Indianapolis News, October 9, 1897, Hoosier State Chronicles.
Indianapolis News, October 9, 1897, Hoosier State Chronicles.

This is where Billy Blodgett’s articles began to shed light on the corruption. In January of 1898, Blodgett began a series of hard-hitting exposes in the Indianapolis News against Allen Manufacturing, writing of alleged abuses of state power, graft, and fraud. His first article, published on January 13, 1898, alleged that whole train-cars of bicycles were purchased by individual owners of the company, such as D. F. Allen and D. A. Coulter, and then shuffled around the assets for accounting purposes. Specifically, Allen purchased “$4,000 worth of bicycles,” transferred ownership to his son, and then “applied [the amount] on notes given to the Merchants’ National Bank of Lafayette.” The article also reaffirmed what many had suggested since the company’s founding. Namely, its public incorporation was made after key leaders removed themselves from conflicts of interest yet acted as an incorporated entity when it negotiated its labor contract with the prison.

The headline from Billy Blodgett's first major piece on the company in the Indianapolis News, January 13, 1898, Hoosier State Chronicles.
The headline from Billy Blodgett’s first major piece on the company in the Indianapolis News, January 13, 1898, Hoosier State Chronicles.

The next day, Blodgett published the next installment, writing of the company’s alleged fraud in connection to its stocks. The Chicago firm Morgan & Wright, who purchased the company’s manufacturing plant during its initial financial woes, alleged that Allen Manufacturing had used backdoor loans from the Merchant’s National Bank of Lafayette in order to inflate its asset value. “In other words,” Blodgett wrote, “Morgan & Wright will try to show [in court] that the total amount of money paid for the stock was $300,” rather than the $4,000 or $5,000 the company claimed.

Judge William Biddle, History of LaPorte County, Google Books.
Judge William Biddle, A Twentieth Century History and Biographical Record of LaPorte County, Indiana, Google Books.

Blodgett also reported another fascinating case of company misdirection. On October 15, 1897, LaPorte County Judge William B. Biddle ordered the company to stop selling any products and hand the reins over to receiver Alonzo Nichols. This order was ignored by Henry Schwager, another receiver appointed to the company in Michigan City. Biddle retaliated on November 23, issuing an order against the company at large and reaffirmed his previous decision. What came next is shocking:

. . . Sheriff McCormick went to Michigan City to take possession of the property. When he got there, he found the building of the Allen Manufacturing Company locked up, and he could not get in to make the levy, without using force. He was warned not to do this, so the sheriff and his deputies stood around on the outside of the prison, and as the carloads of property came out they seized them. He found the property at different points, and turned it all over to Nichols as receiver.

In other words, Sheriff N. D. McCormick and his deputies had to wait until the company didn’t think the authorities were looking before they could seize the goods. Even in the face of court orders, the Allen Manufacturing Company still tried to do things its own way, to disastrous results.

Headline for Blodgett's third and final major piece on Allen Manufacturing, January 15, 1898, Hoosier State Chronicles.
Headline for Blodgett’s third and final major piece on Allen Manufacturing, January 15, 1898, Hoosier State Chronicles.

Billy Blodgett’s final big piece on Allen Manufacturing appeared in the Indianapolis News on January 15, 1898. In it, Blodgett tries to track down and interview company big-wigs David Coulter and David Allen. Blodgett wrote of Coulter that, “He is pleasant and affable, courteous and polite, but I might as well have talked to the Sphynx in Egypt, so far as getting any information from him.” Over the course of a short, frosty conversation between Blodgett and Coulter, the businessman declined to speak about any of the charges leveled against him and maintained his innocence. When Blodgett pressed him on some of the specific charges of defrauding investors, his “demeanor demonstrated that the interview was at an end. . . .”

As for Allen, he was unable to interview the man directly but spoke to one of his colleagues. Blodgett chronicled the exchange:

A few weeks ago Mr. Allen met this friend and said to him:

“You remember the evening you asked me to dinner with you in Chicago?”

“Yes, I remember.it distinctly.”

“Well, that failure to take dinner with you has cost me $5,000, and may cost me more.”

The friend understood from this that if Allen had not gone to the meeting at which the company was formed he would have been money ahead. This friend gives it as his opinion that every member of the Allen Manufacturing Company lost from $3,000 to $5,000 each.

In one corner, you have Coulter trying to hold things together and denying changes against him and Allen in the other allegedly remarking on how he and many others lost money. This inconsistency in the press didn’t help to make the public or the company’s shareholders feel any better about the situation.

Indianapolis News, July 12, 1900, Hoosier State Chronicles.
Indianapolis News, July 12, 1900, Hoosier State Chronicles.

By 1898, the company was defunct in all but name. Bicycles manufactured under the “Meteor” brand ceased and the company’s remains were being settled in numerous court cases. In 1900, a Louisville, Kentucky court ruled that Allen Manufacturing had in fact defrauded Morgan & Wright out of at least one payment for a shipment of product. Another lawsuit, clearing Sherriff Nathan McCormick of any wrongdoing against court-appointed receivers, was settled in 1901 in U.S. Court and upheld in the U.S. Seventh Circuit Court of Appeals in 1902.

Indianapolis News, September 14, 1901, Hoosier State Chronicles.
Indianapolis News, September 14, 1901, Hoosier State Chronicles.

Blodgett did write a follow up article in 1901, noting that Indiana state prison north Warden Shideler resigned over allegations that he was a stockholder in the company at the time he was serving as Warden. It also indicated that labor contract developed by Allen, Coulter and others in 1894 was binding until 1904, with other companies stepping in to fill the void left by the demise of the Allen Manufacturing Company. Newspaper evidence suggests that Allen, Coulter, and many of the other big players never faced serious charges and that the company’s multiple lawsuits distracted from the other allegations leveled against them. Allen himself would eventually pursue other political offices, including Indiana Secretary of State, as well as serve in the Spanish-American War. He died in 1911, with the failure of his company firmly behind him.

Memorial plaque at David F. Allen's grave, Frankfort, Indiana, FindAGrave.com.
Memorial plaque at David F. Allen’s grave, Frankfort, Indiana, FindAGrave.com.

So what do we make of the Allen Manufacturing Company? In some ways, you can look at it as a quasi-private, quasi-public boondoggle, destined to fail. In other ways, you can look at it as a company created to enrich its leadership by taking advantage of sub-contracted labor. However, these may be the symptoms of a larger malady. The major take-away from this episode was that a rapidly changing industrial economy and a national fad in bicycles spurred a slapdash attempt to create a company that benefited from public connections. Furthermore, the episode highlights how determined and detailed journalism helps to keep the public and private sectors of society accountable, both to citizens and shareholders. While some of the key players never faced accountability, Blodgett’s success in investigating Allen Manufacturing’s corruption nevertheless exemplified how an individual citizen, and a free press, can check some of our more abject motivations.

Hoosier State Chronicles: The Series | A Communist in Terre Haute: Earl Browder and Free Speech

This video was originally published on the Hoosier State Chronicles blog.

Five men are sitting in a jail cell in Terre Haute, Indiana. The leader of the group—a middle-aged, mustached, and unassuming figure—had been arrested on charges of “vagrancy and ‘for investigation’,” according to the local police chief. But it wasn’t a drunk or an unlucky drifter sitting in the cell. It was the leader of an American political party and its nominee for President of the United States. He had tried to give a speech in Terre Haute when arrested by the local authorities. His case became a statewide and even national discussion on the importance and limits of free speech. Now, who could’ve caused all of this ruckus? It was Earl Browder, General Secretary of the Communist Party of the United States.

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Credits:

Written and produced by Justin Clark. 

Music: “And Then She Left” by Kinoton, “Echo Sclavi” by the Mini Vandals, “Namaste” by Audionautix, “Myositis” by the United States Marine Band, “Finding the Balance” by Kevin MacLeod, and “Dana” by Vibe Tracks

Continue reading “Hoosier State Chronicles: The Series | A Communist in Terre Haute: Earl Browder and Free Speech”

“Unswerving Integrity”: The Radical Friendship of Eugene V. Debs and Robert Ingersoll

This post is dedicated to Tom Flynn—freethinker, friend, and keeper of the Ingersoll flame.

On July 22, 1899, Hoosier Eugene Victor Debs, a radical labor organizer and the future socialist party candidate for president, published a tribute to one of his biggest influences and close friends—the orator and freethinker Robert Green Ingersoll. Known as the “Great Agnostic” for his decades-long public critique of organized religion, Ingersoll became the leader of the “Golden Age of Freethought” in the United States, a movement dedicated to secularism that began after the Civil War and ended around World War I. His death on July 21, 1899, at the age of 65, left an irreplaceable void in the hearts of many who saw Ingersoll as the leader of a new rationalist awakening in America.

Eugene V. Debs, 1897. Library of Congress.

In his tribute to Ingersoll, printed in the Terre Haute Gazette and later in the Social Democratic Herald, Debs reflected on their decades-long friendship and the lasting impact the freethinker had on his life. He wrote:

For 23 years it has been my privilege to know Colonel Ingersoll, and the announcement of his sudden death is so touching and shocking to me that I can hardly bring myself to realize the awful calamity. Like thousands of others who personally knew Colonel Ingersoll, I loved him as if he had been my elder brother. He was, without doubt, the most lovable character, the tenderest and greatest soul I have ever known.

He also noted the amount of charity work Ingersoll did, both for organizations and for individuals, such as a woman he aided after the financial collapse of her father and abandonment by her church. “Such incidents of kindness to the distressed and help to the needy,” Debs observed, “might be multiplied indefinitely, for Colonel Ingersoll’s whole life was replete with them and they constitute a religion compared with which all creeds and dogmas become meaningless and empty phrases.”

Robert Ingersoll portraits. Library of Congress.

Later, on January 17, 1900, Debs wrote to Ingersoll’s publisher C.P. Farrell that “I have never loved another mortal as I have loved Robert Ingersoll, and I never shall another.” While this language may seem a bit saccharine for us today, Debs meant every word of it. From his initial meetings with Ingersoll as a young man in Terre Haute, Indiana to the Great Agnostic’s defense of him during the Pullman railroad workers strike of 1894, Eugene Debs always felt a deep kinship with the heretical orator. While they took different spiritual tracks—with Ingersoll a dedicated agnostic and Debs a social-gospel Christian—both saw the importance of caring for others in this life, despite what might come after, and believed in the power of human reason as a vehicle for transcending outmoded superstitions. Debs learned the power of effective oratory from Ingersoll, routinely citing him as one of his biggest rhetorical influences. Ingersoll also had views on labor and capital that went far beyond the traditional liberalism of his day, something that likely played a role in the radicalization of Debs. As such, their unique friendship left a lasting imprint on American life during the turn of the twentieth century.

They first met in the spring of 1878, after Debs invited Ingersoll to give a lecture to the Occidental Literary Club in Terre Haute, an organization that the former helped organize. The Terre Haute Weekly Gazette reported on May 2, 1878 that Ingersoll’s oration the previous evening was on the “religion of the past, present, and future” and noted that “Mr. Ingersoll was introduced by Mr. E. V. Debs, in well chosen and well delivered words.” Years later, in his “Recollections on Ingersoll” (1917), Debs reflected on his first encounter with the legendary orator. In fact, the lecture that Ingersoll gave that evening, according to Debs, was one of his most important, “The Liberty of Man, Woman, and Child.” In it, Ingersoll excoriates those who held humanity in the bondage of superstition and called for freedom of intellectual development. As he declared, “This is my doctrine: Give every other human being every right you claim for yourself. Keep your mind open to the influences of nature. Receive new thoughts with hospitality. Let us advance.” Debs was amazed by this speech. Writing decades later, “Never until that night had I heard real oratory; never before had I listened enthralled to such a flow of genuine eloquence.” Ingersoll’s words, which “pleaded for every right and protested against every wrong,” galvanized the budding orator and political activist.

Robert Ingersoll addressing an audience. Peoria Magazine.

Also in 1878, Ingersoll used his considerable speaking talents towards another issue of grave importance: the condition of labor. While it would be too much to say that Ingersoll was a socialist like Debs, he was nevertheless a socially-conscious liberal Republican who understood the inequities between workers and owners in a capitalist society. In a speech entitled “Hard Times and the Way Out,” delivered in Boston, Massachusetts on October 20, 1878, Ingersoll laid out his views on the subject. While he reiterated his belief that “there is no conflict, and can be no conflict, in the United States between capital and labor,” he nevertheless chastised the capitalists who would impugn the dignity and quality of life of their laborers. “The man who wants others to work to such an extent that their lives are burdens, is utterly heartless,” he bellowed to the crowd in Boston. He also called for the use of improved technology to lower the overall workday. Additionally, in a passage that could’ve been composed by Eugene V. Debs decades later, Ingersoll declared:

I sympathize with every honest effort made by the children of labor to improve their condition. That is a poorly governed country in which those who do the most have the least. There is something wrong when men are obliged to beg for leave to toil. We are not yet a civilized people; when we are, pauperism and crime will vanish from our land.

This speech left a lasting impression on Debs, so much so that he quoted it at length in an 1886 article in the Locomotive Firemen’s Magazine calling for the eight-hour workday. It is safe to say that Ingersoll’s own progressive views on labor influenced Debs’s own labor advocacy, especially during his time leading the Brotherhood of Locomotive Firemen and co-founding the Industrial Workers of the World (I.W.W).

Eugene V. Debs, 1897. Indiana Memory.

Years later, in 1894, Eugene V. Debs and the American Railway Union (ARU) led a massive labor strike against the Pullman Palace Car Company in the outskirts of Chicago. Approximately 2,000 employees walked off the job in May, demanding an end to the 33 1/3% pay cut they took the year prior. When the strikes escalated into violence, largely due to the aggressive tactics of the Chicago police, the United States Court in Chicago filed an injunction against Debs and the ARU. The injunction claimed that Debs, as head of the ARU, violated federal law by “block[ing] the progress of the United States mails,” the Indianapolis Journal reported. Debs was later arrested for his actions, using legendary civil rights attorney Clarence Darrow for his defense. Some speculated at the time that Robert Ingersoll, himself a lawyer, would defend Debs in court, but that never came to pass. Instead, Ingersoll defended Debs in the court of public opinion, when the press reported his previous treatment for alcoholism in an effort to discredit his cause.

Workers leaving the Pullman Palace Car Works, 1893. Wikimedia Commons.

An article in the July 9, 1894 issue of the Jersey City News reported that Dr. Thomas S. Robertson treated Debs in 1892 for “neurasthenia” and “dipsomania,” terms used in the era to describe anxiety due to spinal cord injury and alcoholism, respectively. To help his friend, Ingersoll had written a letter of introduction for Debs to Dr. Robertson, as he had used the physician’s services before. The article quotes Dr. Robertson at length, who claimed that Debs suffered from exhaustion, which had been exacerbated by drinking, but he had improved in the two years since. When asked if Debs was of sound mind, Dr. Robertson said, “in ordinary times, yes, but he is likely to be carried away by excitement and enthusiasm.” In essence, Debs suffered from what today we might call stress-induced anxiety, which became more pronounced by substance abuse. However, it is important to note that charges of alcoholism were common in this era, and Debs might have exhibited symptoms of it without ever being intoxicated.

Sensing the intention of the press with this story, Ingersoll released a statement to the Philadelphia Observer, later reprinted in the Unionville, Nevada Silver State on August 27, 1894. In it, he stood up for his friend and the causes he fought for. “I have known Mr. Debs for about twelve years,” Ingersoll said, and “I believe, [he] is a perfectly sincere man—very enthusiastic in the cause of labor—and his sympathies are all with the workingman.” When asked about Debs’s drinking, Ingersoll pushed back on the claims, saying “I never met him when he appeared to be under the influence of stimulants. He was always in good health and in full possession of his faculties.” He also commented on the attempts at scandal in the newspapers, adding that his “testimony is important in view of gossip and denunciation that everywhere attend the public mention of the strike leader.” In one of Debs’ darkest hours, when his character and cause came under fire, Ingersoll publicly defended his friend and challenged the claims made against him. Such was the nature of their bond.

Harper’s Weekly, July 14, 1894. Library of Congress.

While Robert Ingersoll certainly influenced Debs on the importance of oratory and the cause of labor, he also left a profound intellectual influence on the future socialist. Early in his life, Debs developed an iconoclastic view of religion, which primed him for a rewarding relationship with Ingersoll. In conversations with Larry Karsner, published in book form in 1922, Debs reflected on the event that made him weary of organized religion. At the age of 15, Debs attended a sermon at St. Joseph’s Catholic Church in Terre Haute. The priest’s vivid descriptions of hell, with a “thousand demons and devils with horns and bristling tails, clutching pitchforks, steeped in brimstone,” completely soured him on institutionalized Christianity. “I left that church with rich and royal hatred of the priest as a person, and a loathing for the church as an institution,” Debs said, “and I vowed that I would never go inside a church again.” Furthermore, when asked by Karsner if he was a disbeliever at that time, Debs replied, “Oh yes, a strong one.”

He furthered his views on hell in a February 19, 1880 article in the Terre Haute Weekly Gazette. “I do not believe in hell as a place of torment or punishment after death,” he wrote, “. . . the hell of popular conception exists solely in the imagination.” He further argues that while the idea of hell may have served a beneficial function in the past, “as soon, however, as people become good enough to be just and honorable for the simple satisfaction it affords them, and avoid evil for the same reason, then there is no further necessity of hell.” With these words, Debs actually echoed much of what Ingersoll said on the subject in an 1878 lecture. “The idea of a hell,” Ingersoll noted, “was born of revenge and brutality on the one side, and cowardice on the other. In my judgment the American people are too brave, too charitable, too generous, too magnanimous, to believe in the infamous dogma of an eternal hell.”

Robert Ingersoll pamphlet on Hell, 1882. Google Books.

While the doctrine of hell and the strictures of the church left Debs cold, he nevertheless adopted a liberal, nondenominational form of Christianity later in his life, one molded by his exposure to Ingersoll and freethought. In a 1917 article entitled “Jesus the Supreme Leader,” published in the Call Magazine and later reprinted in pamphlet form, Debs shared his thoughts on the prophet from Nazareth. Debs saw Christ not as a distant, ethereal presence, but rather as a revolutionary figure whose own humanity made him divine. “Jesus was not divine because he was less human than his fellow-men,” he wrote, “but for the opposite reason, that he was supremely human, and it is this of which his divinity consists, the fullness and perfection of him as an intellectual, moral and spiritual human being.” He placed Jesus in the same pantheon of transformative figures as abolitionist John Brown, President Abraham Lincoln, and philosopher Karl Marx.

For Debs, Christ’s appeal to “love one another; as I have loved you, that ye also love one another” was the same in spirit as Marx’s famous dictum in the Communist Manifesto: “Workers of all countries unite! You have nothing to lose but your chains. You have a world to win.” Both statements are about solidarity—of people coming together, helping one another, and fighting for a better world. In this sense, Debs interpreted Christ like many humanists and non-sectarian Christians do today—as a deeply human figure that preached love, peace, and harmony with others.

Eugene V. Debs and Jesus of Nazareth pamphlet. Internet Archive.

While Debs and Ingersoll did not share the exact same views on Christianity, they did share a commitment to secularism, tolerance, freethought, and social justice. Debs would parlay his knowledge from Ingersoll and others into a successful political career, running five times on the socialist party ticket and earning nearly a million votes in 1920 while imprisoned for speaking out against America’s involvement in WWI. As Ingersoll was the leader of the “Golden Age of Freethought,” Debs was the leader of the “Golden Age of American Socialism,” with thousands attending his speeches and joining socialist organizations. Despite their friendship being tragically cut short by Robert Ingersoll’s death in 1899, Debs honored the legacy of the Great Agnostic for the rest of his life. Writing in his “Recollections of Ingersoll” in 1917, Debs said:

He was absolutely true to the highest principles of his exalted character and to the loftiest aspirations of his own unfettered soul. He bore the crudest misrepresentation, the foulest abuse, the vilest calumny, and the most heartless persecution without resentment or complaint. He measured up to his true stature in every hour of trial, he served with fidelity and without compromise to the last hour of his noble life, he paid in full the price of his unswerving integrity to his own soul, and each passing century to come will add fresh luster to his immortal fame.

In studying their lives and their friendship, one might say these words for Robert Green Ingersoll could equally apply to Eugene Victor Debs.

Eugene V. Debs standing by pillar. Indiana Memory.

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.

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,” Indiana History Blog, 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.