Red Summer 1919

I recently read a book “On the laps of Gods” By Robert Whitaker that in around about way is a tribute to one Scipio Africanus Jones attorney at law from Little Rock AK or Judge Jones as he was sometimes affectionately called. Scipio somehow fell through the cracks and yet is one our greatest heroes in American history. Through a chance google search I ran across the Red Summer of 1919. I had never heard this tale.

The summer of 1919 is an ugly part of American history. So ugly it was hard to examine but in my opinion well worth it. A turning point in the sense that this was not the first time that whites had attacked blacks. What was different is there were black battle hardened WWI soldiers and it marked one of the first times that some decided to fight back.

There were also in some of the South deep in Jim Crow country near Helena AK that were not well read nor knew much of the outside world and while Red Summer raged. They had took notice of the rising price of cotton. They decided to form a Union and sought demand legally their fair share of the profits  be divided amongst them as per the agreement as a sharecropper. They organized and went so far as to pool their meager salaries and hire an attorney.

The power structure of this feudal town of Helena AK in turn of the century America wanted none of it. One fateful night during the Red Summer of 1919 the sharecroppers of Hope Spur had a Union meeting at the Church. Some boys from town decided to give visit with guns and attempted to scare the Unionist by shooting at the Church full of the sharecroppers. What they did not know is that the Union had set some guards and they shot back in self defense. Killing one of the townsman and wounding the other.

This led to an unbridled evil actions by white men toward of black men as what is now known as the Elaine Massacre . The numbers are hard to pin down but most agree more than 100 black men were gunned down in cold blood. The State Guard were brought in to put down the “rebellion” and rather than protect citizens they saw fit to slaughter them instead.

Trumped up charges came forth a hundred of sharecroppers were convicted and 12 sentenced to death or the Elaine Twelve as they would become known.

Enter one Scipio Africanus Jones. Born into slavery as a child, a sharecropper as a youth but one whom was quite obviously not destined to remain one in occupation but never forgot where he came from. He took classes gained a college degree and apprenticed at a law firm. He took the bar and passed on his first try.  Jones was long an advocate for the black man he was also quite successful in his own right as a lawyer in Little Rock.  He move easily between the two societies of his time and was well respected. He faced racism with a smile and fought it with far more than just a little intellect and profound skill in the law.

On hearing of the Elaine Twelve Scipio began planning for the defence of the all the sharecroppers. He went straight to his Southern Democratic friend and fellow Attorney at Law Mr George W. Murphy. Jones knew he would need a white lawyer to team with and Murphy was a powerful attorney of the time in Little Rock and former Confederate Officer. They  issued a joint statement of how well the State did to restore peace. Neither Jones nor Murphy believed this but the area was a powder keg. They did not want a mob to take justice in their own hands.

The NAACP was in it infancy and took notice of the Elaine Massacre and decided to act. Hiring the same attorney George W. Murphy. Scipio Jones was not the choice of the NAACP but Murphy never let Scipio know this and let him continue with the case.  If any question whom the lead was of the monies received from the NAACP for the defence of the sharecroppers Mr Murphy only kept 250 dollars and the remaining rather large sums went straight to Jones. He defended from contributions NAACP, local and state charity solicited by Scipio and went deep into his own pockets. This went beyond pro bono.

When Jones goes in the story it was painted as a negro uprising that the white defending person and property had to quell the rebellion. Blood would be had for this insurrection as if enough had not already spilled and a lesson taught and taught well. The trial in this picturesque town of Helena AK while a farce was normal for the South at that time.

The glory of the passing of the 14th and 15th amendments along with the Civil Rights Act of 1866 post Civil War was essentially decimated by the Supreme Court. The Slaughterhouse Cases followed by Reese and Harris and the Federal Courts and therefore the Federal Government essentially left all  power the States and the great reconstruction was blown to hell. Each individual State would decide its own fate on how to govern its people. They did and did not govern kindly in the South. East, North or West but it was particularly hard in the South. The Jim Crow laws were now in effect and the Black Man less than a second class citizen and any trial a joke. If you were rich, white and in power you were the law.

The State court of Arkansas would not protect the sharecroppers  and the Federal courts were to unable to based on their own design. A lesser Man than Scipio Jones would see the folly and in fact George W. Murphy did. It was not the Jones was ignorant far from it he was simply unflappable and sought justice .Jones began his investigation and began legal maneuvering. Even though the road was a hard one Jones was more than a capable lawyer and a master of finding a loophole. In the end after four long years Scipio Africanus Jones was able to change the narrative completely and forever. And on his way accomplish much more.

This was a peaceful assembly of sharecroppers was fired upon with no provocation. It was followed by three days of a vicious murderous mob that under the pretense of law and order murdered law abiding black citizens. Rounded up others and with no due process and a mob mentality convicted more than one hundred and sentenced twelve to die. He wrote an argument so complete that it was altered little if at all before it was heard before the Supreme Court but not presented by Mr. Jones. It was beyond a landmark decision, Moore vs Dempsey.

He secured the release of 6 of the Elaine Twelve and freed the other 100 prisoners. The other six he had plea bargained with the Governor. To let the State save face they pleaded guilty but their execution was to be stayed by the Governor and was. Furthermore before the Governor's exit he was to pardon the six men. The existing Governor had last minute regrets or outside pressures and was not performing on the bargain which he had promised. The incoming Governor promised as soon as he took office the Elane Six would be put to the chair. Scico went to work and gathered no less than 700 signatures from power brokers of Little Rock and beyond and hand delivered them to the Governor. The Governor relented and the last six were set free at almost the very last hour. He gained the freedom of all the wrongfully accused and condemned men in the end.

Moore vs Dempsey is the precedent for if the State is violating your rights, the Federal Government can and will step in. It restored due process of the 14th had promised which had been gutted in the past. It effectively paved the way for the death of Jim Crow Laws and every important Civil Right case victory that followed after. This made America not only more just for the Black Man but for every Man Woman and Child. It is the most far reaching decision for habeas corpus decision and arguably the most important  that the Supreme Court bench has ever ruled on during that time.

How this great Man has only a Post Office in Little Rock AK to remember him by and is otherwise forgotten is a travesty. We all owe much to this great American. Thank you Mr. Scipio Africanus   Jones for making all Americans more free.