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Ephemera from an 1898 Congressional Campaign

Editors’ Note

This post represents the second installment in a new category that we hope will be an occasional feature of our blog. Posts in this category will feature materials that are unique in some way, perhaps through ownership, creative attachment or insertion of documents, or other unusual items. Our previous post, “Next to His Bible”: John Randolph Griffin’s copy of the Louisiana Civil Code was the inspiration for this category that we have titled, Preserved in Amber. Our current post features an interesting small collection that is described by Hudson Cheshire, a 2017 J.D. candidate at the University of Alabama School of Law.

Ephemera from an 1898 Congressional Campaign

The topic of this post is a recently acquired collection that offers a glimpse into the life of a small town politician in early 20th century Alabama. The collection includes a copy of Alabama Reports Volume XXVII (the Alabama Supreme Court cases argued in the June term of 1855), and three documents that were laid within its pages. Two of the documents are laundry receipts for one Samuel Blackwell. The third is a notice for a series of events where Blackwell would be speaking in his 1898 campaign for Congress.Blackwell 01

Samuel Blackwell, the subject of the laundry receipts and political flyer, lived from 1848 to 1918 and is buried in the Decatur City Cemetery. While history has relegated Blackwell to obscurity, the sparse documents that remain suggest a man of relative political success in his place and time.Blackwell 02

Blackwell began his career in public service early, enlisting in the Confederate Army at fourteen years old. By his fifteenth birthday, he was a prisoner of war in Camp Douglass, a large Union prisoner camp in Chicago. Years later, as the Morgan County delegate for the Constitutional Convention of 1901, Blackwell recounted a comrade’s sardonic description of the conditions at Camp Douglass: “We slept until after breakfast, skipped dinner, and went to bed before supper.” [Journal of the Proceedings of the Constitutional Convention of the State of Alabama, 1901, 3025].

A document from 1903 indicates that Blackwell served at least one term as mayor of New Decatur in the early twentieth century and in the 1910-1912 Biennial Report of the Attorney General of Alabama, Samuel Blackwell is listed as the Blackwell 03Solicitor for the Morgan County Law and Equity Court. Perhaps the only lasting glimpse into Blackwell’s perspective comes from his words at the 1901 Constitutional Convention, preserved in the Official Proceedings. Describing the Convention’s atmosphere of pessimism regarding the voting capacity of the general population, historian Sheldon Hackney quotes Blackwell saying, “nature has marked the weak and incompetent to be protected by Government, rather than to be the directors of the Government.” [Populism to Progressivism in Alabama, 196].

Had Blackwell been successful in his 1898 campaign for Congress, he would have been better remembered in Alabama history. Nevertheless, available records merit the assumption that Blackwell was an influential political figure at the turn of the century, if only in his own small corner of the world.

Hudson Cheshire, Research Assistant, Bounds Law Library

 

Historic Maps of Alabama: Judge Benjamin Cohen Exhibit

The University of Alabama Law Library Special Collections recently received a collection of maps acquired by Special Assistant Attorney General Benjamin Cohen during and after litigation of the Alabama and Mississippi Boundary Case [470 U.S. 93 (1985)]. Cohen Maps PleadingThis case was initiated in 1979 by Alabama Attorney General Charles Graddick, who was aided by a team that included then-Assistant Attorney General Mark Brandon, now Dean of the University of Alabama School of Law. The Alabama Attorney General’s office  joined with its counterparts in Louisiana, Texas, Mississippi, and Florida to ask the U.S. Supreme Court to rule on the status of the “Mississippi Sound”—a much-navigated waterway running just off the coastline of these states. The states wanted the Sound classified as an inland waterway, thereby granting to each ownership of a share of the submerged lands. With ownership would come the right to regulate access to the petroleum and other mineral deposits under the Sound. Constitutionally, the matter fell under the original jurisdiction of the U.S. Supreme Court, and in the printed briefs it is identified as “No. 9, Original.” The Court appointed a Special Master to hear the case; he delivered his findings in 1984. The Special Master found “that the whole of Mississippi Sound qualifies as a historic bay under the Convention on the Territorial Sea and the Contiguous Zone. . . and thus constitutes inland waters.” Both the states and the U.S. Government filed exceptions to the Special Master’s report; Benjamin Cohen argued the case for Alabama in November 1984. In February 1985 the Court ruled in favor of the Special Master’s report, overruling the federal government’s exceptions.

New Acquisitions: Judge Cecil M. Deason Collection

DeasonIn Alabama, one seldom has a chance to examine the papers of a state trial court judge. Circuit judges don’t often leave behind collections for posterity—less so, certainly, than their counterparts on the appellate bench. The Bounds Law Library recently received the papers of Judge Cecil M. Deason (1903-1994), who lived in stirring times and found himself in the middle of historic events. The following was written by Research Assistant Ethan Wilkinson (UA Law, 3L; BA, Birmingham Southern College). He also was the primary arranger of the Deason Collection.

The University of Alabama Law Library Special Collections recently acquired the papers of Cecil Deason, a long time Solicitor and Circuit Judge in Jefferson County. The collection, consisting predominantly of newspaper clippings, photographs, judicial materials, and an assortment of other items, covers most of Deason’s adult life, including his service in World War II, his time in the Solicitor’s Office in Jefferson County, and his tenure serving on the bench in Alabama’s 10th Judicial Circuit.Deason Scrapbook

Cecil Deason was born in Bessemer in 1903. He graduated from the University of Alabama School of Law in 1929 and returned to Birmingham to begin a private practice. Two years later he was appointed Solicitor to the Jefferson County Court of Misdemeanors. It was during this time that Deason constructed his first scrapbook, revealing his fascination with both high profile crimes and the judicial system, recording any and all newspaper articles that related to highly publicized crimes, the Alabama court system, or trials that caught the newspapers’ attention. Deason enlisted in the U.S. Navy in 1941, serving as a staff intelligence officer in the Pacific and eventually rising to the rank of Commander by the end of World War II. During his time in the service, Deason kept a meticulously detailed photographic record of his wartime experience, in particular chronicling his stay in the Philippines. The snapshots, arranged into a large photo album, paint a vivid portrait of both the brutality of the conflict and the workaday atmosphere of camp life, each juxtaposed against the jungle background of the South Pacific islands.Deason holding Klan robe

After the War, Deason returned to the Solicitor’s office in Birmingham. During this time the future judge made a name for himself as an anti-crime force in the state. In particular, two cases propelled Deason’s name into the headlines and laid the foundation for his future rise to the judiciary: the prosecution of Ku Klux Klan members for attacking and flogging a woman in northern Jefferson County in 1949 and the prosecution of Albert Fuller for the assassination of Democratic Attorney General candidate Albert Patterson in Phenix City in 1954.The Klan case drew a national spotlight to Birmingham, where a rash of cross burnings and attacks had swept the area in the early summer of 1948. One of the victims, Edna McDana of Adamsville, identified one the masked attackers who broke into her home and flogged her. However, despite Deason’s and Chief Solicitor Emmett Perry’s best efforts and McDana’s testimony, Coleman Lollar was acquitted by an all-white jury after just an hour and a half of deliberation. But the trial broke headlines across the country and put both Deason’s and Perry’s names and faces (often holding Klan robes up for the jury to inspect) in papers from New York and Chicago. Deason would later receive hate mail from as far away as New York, some writers attacking him for prosecuting a white man and others accusing him of not doing enough to gain a conviction.Deason discussion

Deason gained further notoriety for the prosecution of Phenix City Deputy Sheriff Albert Fuller for the murder of Albert Patterson. Patterson had just received the Democratic nomination for Attorney General in a hotly contested primary, campaigning on a promise of saving Phenix City, his home town in Russell County, from the clutches of the local (and incredibly corrupt) political machine. Fuller, Circuit Solicitor Arch Ferrell, and outgoing Attorney General Si Garrett were indicted for the murder, though the latter two were ultimately acquitted. The case was moved to Birmingham to shield the proceedings from the corruption of Russell County’s judiciary, and Deason was appointed special prosecutor for the case by Attorney General John Patterson, Albert’s son. Although Fuller was defended by Roderick Beddow, then the most eminent defense attorney in the state, Deason secured a life sentence in a trial that gripped the state’s attention. Within months of the trial’s conclusion, the younger Patterson cleaned out the city’s corruption in a move that would send him to the governor’s mansion in 1959, and Deason cemented his legacy as a hard line prosecutor worthy of serious consideration for judicial office.

Deason Scrapbook Deason was appointed to the specially created 10th Judicial Circuit in 1961 after receiving votes of confidence from both the Alabama State Bar Association and the Alabama Association of Circuit Judges. He served that seat for over a decade, eventually becoming a prominent member of the Circuit Judges’ Association and a vocal leader of the judicial reform movement of the late 1960s and early 1970s, vehemently defending the jury system and pressing for increased salaries and resources for Alabama’s courts. When he retired in the mid-1970s, Judge Deason left a legacy reflected in the papers and numerous newspaper clippings he saved. His advocacy of tough justice for criminals and his stands on behalf of judicial reform were each underscored by a deep sense of duty and service to both the state and country.

New Acquisitions: Letter from Justice Hugo Black

We have recently acquired a 1953 letter from Justice Hugo L. Black to his good friends Marilew and Herman Kogan of Chicago. In it Black congratulates the Kogans upon the birth of their son Mark. Apparently he is responding to Marilew’s announcement: “We just produced another Democrat.” For information on the rich cultural and journalistic careers of Herman (1914-1989) and Marilew (1919-2007), see their obituaries in the Chicago Tribune, March 9, 1989, and June 22, 2007. For another glimpse of Black’s friendship with the Kogans, see Roger K. Newman, Hugo Black: A Biography (New York: Pantheon Books, 1994), 100. Below is a transcript of the letter, followed by digital images of the same.

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Feb. 10-53-

Dear Marilew & Herman:

That’s just grand about Mark! Maybe by the time he reaches voting age his party will be in power, although things look a little dark now.

Wish I could see all of you, but during these winter months I like warm climates. In fact, I am leaving in a few minutes for three weeks in Florida. Court recessed yesterday until March 9th.

 My hope for you two is that you enjoy your children as much as I have enjoyed & now enjoy mine. They have convinced me all over again that the family is a grand institution.

 Why do you not have a baby sitter sometime & visit Wash[in]gton? Looks like if you wait too long you might have to get an army of sitters—and that too would be OK.

 Love to both of you and the young Kogans,

                                                                        Sincerely, Hugo Black

P.S. If you would give me your address sometime I would not have to rely on delivery at your place of business [the Chicago Sun Times]. 

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Black-Kogan letter combined pagesBlack-Kogan envelope

New Acquisitions: Blackstone’s Commentaries

Blackstone bookplate border

Commentaries Bookplate

 

 

William Blackstone’s name is iconic in the common law world. The Bounds Law Library is pleased to add a first-edition set of Blackstone’s Commentaries (printed at the Clarendon Press, Oxford, 1765-1769) to its collection of common law works, which include several later editions of the Commentaries.

 

 

 

 

 

 

 

 

Blackstone book 1

Blackstone book 2

 

 

 

 

 

 

 

 

 

 

Blackstone book 3

Blackstone book 4