The Second Annual James Otis Lecture

September 17, 2009

 


    Our second James Otis Lecture highlighted the remarkable life and times of Robert Morris, Sr.  (1823 - 1882).  Morris was the second African-American to be sworn into the Massachusetts bar, but the first to practice actively here. 
He was the first African-American in the country to try (and win) a civil case (in 1847) and the first to argue before an appellate court in America.  He was also the first the first African-American to hold a judicial office.


    Morris’s achievements were legion, but he has been largely lost to history.  He was a giant in the Massachusetts legal profession before and after the Civil War, and he played a central role in several  key legal developments in America during his career.  He faced adversity, bigotry and hatred with courage and a firm belief in the law and in himself.


    In 1849, Morris joined with Charles Sumner in challenging legal segregation in Boston’s elementary schools.  Black children were required to attend the Belknap School  just off what is now Joy Street, even if other schools were closer to their homes. 


    The case was tried on stipulated facts, which included a stipulation that the elementary schools were “separate”  for “colored” and white children but otherwise the same in faculty and facilities.  From that, the United States Supreme Court later derived the  concept of “separate but equal,” a phrase that would haunt race relations in the country for over a century. 


    In the case, Roberts v. City of Boston, Morris and Sumner argued that segregating children by race was inherently discriminatory and damaging to the black children.  They argued that  requiring black children to attend an all- black school in essence violated the statute that required cities and towns to provide eduction for all children, even though the statute did not specify how each school system was to be arranged.


       Legendary Chief Justice Lemuel Shaw, writing for a unanimous Court, ruled that decisions on placement and education of children rested with the School Committee and the Legislature, not with the Court.
He held that the Legislature and School Committee had complied with the existing statute because Sarah Roberts and other African-American children in fact had two schools available to them.   Neither the State Constitution nor the applicable statute compelled integrated schools as long as schools were available to all children.  The decision was in keeping with Justice Shaw’s longstanding views of the roles of the separate branches of government.  To see a copy of the opinion, click Roberts.v.Boston.pdf.


    Morris was not deterred.  He joined with William Cooper Nell, Lewis Hayden, William Lloyd Garrison and other giants of the abolition movement to form a grass roots movement to pressure the legislature to change the law.   On April 28, 1855,  Governor Henry Gardner signed a bill into law prohibiting racial segregation in public schools.  Gardner was a member of the “Know-Nothing”  party. Massachusetts became the  first state in the Union to adopt such a law.


    Morris was one of the leaders of the Boston Vigilance Society, formed in the wake of the Fugitive Slave Act of 1850 to fight slavery and to protect those who had escaped bondage and settled in the North.  In one of the preludes to the Civil War, Morris helped free a runaway slave Shadrach Minkins after Minkins had been captured by slave hunters.  Having failed in a petition for Habeas Corpus, Morris, Lewis Hayden (left)
and others devised a plan to break into the jail and carry Minkins to freedom. 


    Under orders from President Millard Fillmore, Morris was tried for violating the Fugitive Slave Act of 1850 and faced a potential death sentence.  Morris was represented by Richard Henry Dana author of Two Years Before the Mast.  He was acquitted after a trial, in part based on the testimony of an alibi witness who swore Morris was not involved in the jail break.  The witness was the Chief Justice of the Supreme Judicial Court, Lemuel Shaw, who had ruled against him in the Roberts case.


    Morris returned to practicing law in Boston and Chelsea, and built a very successful practice that included representing Irish Catholic immigrants - no small feat in a time of bitter hatred and mistrust between blacks and Irish Catholics in the wake of the Potato Famine.  He was so successful that he became known as the “Irish Lawyer”.


    Morris took particular note of an 11 year old Irish immigrant who was being harassed and beaten by others to and from his way to school.  Perhaps remembering the bigotry he faced as a child, Morris took the young boy in and began to train him in the law. 
Patrick Collins became the first Irish Catholic Congressman from Massachusetts and, in 1902, the second Irish Catholic mayor of Boston.  Collins served as a pall bearer at Morris’s funeral.


    We believe there are many lessons in Morris’s life story.  We assembled an outstanding faculty to introduce Morris to the students.   This was a wonderful program to help fulfill the federal obligation all schools have to teach a course on the Constitution on September 17.  Over 350 students from all across Massachusetts participated.       

 

Patrick Collins

Mayor of Boston

1902-1905

Robert Morris, Sr.

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