[Congressional Record Volume 148, Number 8 (Wednesday, February 6, 2002)]
[House]
[Pages H184-H199]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
THE CASE FOR REPARATIONS
The SPEAKER pro tempore (Mr. Shuster). Under the Speaker's announced
policy of January 3, 2001, the gentleman from South Carolina (Mr.
Clyburn) is recognized for 60 minutes.
Mr. CLYBURN. Mr. Speaker, I am pleased to offer a Special Order
tonight in conjunction with the gentlewoman from North Carolina (Mrs.
Clayton), who will be joining us very shortly, as well as some other
members of the Congressional Black Caucus, to speak on an issue that we
feel is very, very important to our constituents and to our great
Nation.
Mr. Speaker, reparations, the act or process of making amends, is a
word that often evokes vociferous reactions from many citizens in our
Nation. Ever since I have been in Congress, among the first bills
introduced at the beginning of the term are bills calling for
reparations for slavery.
Although I have always supported legislation dealing with the
establishment of a commission and various other efforts to examine the
issue of reparations, I have not always supported other measures, many
of which call for direct remuneration. There was always the question of
who can be identified as deserving, and how do we determine how much
they deserve.
But the question of reparations in the traditional form aside, I
believe very strongly that there is ample documentation of various
forms of racial injustices that occurred very often under the color of
law. Not only can we document the injustices in many of these
instances, but we can also identify those who were the subject of the
injustices; and the time is long since passed for our government to
take up where we fell short in 1872 when this Congress rescinded ``40
acres and a mule.''
The Associated Press recently documented some of these injustices
when it conducted an 18-month long investigation into black landowners
who have illegally and sometimes legally had their land stolen from
them. After interviewing 1,000 people and examining tens of thousands
of public records, the Associated Press documented 107 land-takings in
13 Southern and border States. In those cases, 406 black landowners
lost more than 24,000 acres of farm and timberland, plus 85 smaller
properties, including stores and city lots.
This research was compiled in a three part series titled ``Torn From
the Land,'' which detailed how blacks in America were cheated out of
their land or driven from it through intimidation, violence, and even
murder.
Some had their land foreclosed for minor debts. Still others lost
their land to tricky legal maneuvers, still being used today, called
partitioning, in which savvy buyers can acquire an entire family's
property if just one heir agrees to sell them one parcel, however
small.
Mr. Speaker, although I am going to submit the entire research by the
Associated Press as part of my statement, I wish at this time to read
an excerpt from one of those series:
``As a little girl, Doria Dee often asked about the man in the
portrait hanging in her aunt's living room, her great-great
grandfather. `It's too painful,' her elderly relatives would say, and
they would look away.
``A few years ago, Johnson, now 40, went to look for answers in the
rural town of Abbeville, South Carolina.
``She learned that in his day the man in the portrait, Anthony B.
Crawford, was one of the most prosperous farmers in Abbeville County.
That is until October 21, 1916, the day the 51-year-old farmer hauled a
wagon load of cotton to town.
``Crawford `seems to have been the type of Negro who was most
offensive to certain elements of the white people,' Mrs. J.B. Holman
would say a few days later in a letter published by the Abbeville Press
and Banner. `He was getting rich for a Negro, and he was insolent along
with it.'
``Crawford's prosperity had made him a target.
`` `The success of blacks such as Crawford threatened the reign of
white supremacy,' said Stewart E. Tolnay, a sociologist at the
University of Washington and coauthor of a book on lynchings. `There
were obvious limitations or ceilings that blacks weren't supposed to go
beyond.'
``In the decades between the Civil War and the civil rights era, one
of those limitations was owning land.
``Racial violence in America is a familiar story, but the importance
of land as a motive for lynchings and white mob attacks on blacks has
been widely overlooked, and the resulting land losses suffered by black
families such as the Crawfords have gone largely unreported.
``The Associated Press documented 57 violent land takings, more than
half of the 107 land takings in an 18-month investigation of black land
lost in America. The other cases involved trickery and legal
manipulations.
``Sometimes black landowners were attacked by whites who just wanted
to drive them from their property. In other cases, the attackers wanted
the land for themselves.
``For many decades, successful blacks `lived with the gnawing fear
that white neighbors could at any time do something violent and take
everything from them,' this, according to Loren Schweninger, a
University of North Carolina expert on black land ownership.
``While waiting his turn at the gin that fall day in 1916, Crawford
entered
[[Page H185]]
the mercantile store of W.D. Barksdale. Contemporary news accounts and
the papers of then Governor Richard Manning detailed what followed:
``Barksdale offered Crawford 85 cents a pound for his cottonseed.
Crawford replied that he had a better offer. Barksdale called him a
liar. Crawford called the storekeeper a cheat. Three clerks grabbed ax
handles, and backed Crawford into the street, where the sheriff
appeared and arrested Crawford, for cursing a white man.
``Released on bail, Crawford was cornered by 50 whites who beat and
knifed him. The sheriff carried him back to jail. A few hours later,
the deputy gave the mob the keys to Crawford's cell.
``Sundown found them at a baseball field at the edge of town. There,
they hanged Crawford from a solitary southern pine.
``No one was ever tried for the killing. In its aftermath, hundreds
of blacks, including some of the Crawfords, fled Abbeville.
``Two whites were appointed executors of Crawford's estate, which
included 427 acres of prime cotton land. One was Andrew J. Ferguson,
cousin of two of the mob's ring leaders.
``Crawford's children inherited the land, but Ferguson liquidated
much of the rest of Crawford's property, including his cotton, which
went to Barksdale. Ferguson kept $5,438, more than half the proceeds,
and gave Crawford's children just $200 each, according to estate
papers.
``Crawford's family struggled to hold on to the land, but eventually
lost it when they could not pay off a $2,000 balance on the bank loan.
Although the farm was assessed at $20,000, a white man paid $504 for it
at the foreclosure auction, according to land records.
`` `There's land taken away and there's murder,' said Johnson, of
Alexandria, Virginia. `But the biggest crime was that our family was
split up by this. My family got scattered into the night.'
``The former Crawford land provided timber to several owners before
International Paper Corporation acquired the property last year. Jenny
Boardman, a company spokeswoman, said International Paper was unaware
of the land's history. When told about it, she said: 'The Crawford
story is tragic. It causes you to think that there are facets of our
history that need to be discussed and addressed.'''
Mr. Speaker, I include the entire Associated Press series of articles
entitled ``Torn From the Land'' for the Record.
[From the Associated Press]
AP Documents Land Taken From Blacks Through Trickery, Violence and
Murder
(By Todd Lewan and Dolores Barclay)
For generations, black families passed down the tales in
uneasy whispers: ``They stole our land.''
These were family secrets shared after the children fell
asleep, after neighbors turned down the lamps--old stories
locked in fear and shame.
Some of those whispered bits of oral history, it turns out,
are true.
In an 18-month investigation, The Associated Press
documented a pattern in which black Americans were cheated
out of their land or driven from it through intimidation,
violence and even murder.
In some cases, government officials approved the land
takings; in others, they took part in them. The earliest
occurred before the Civil War; others are being litigated
today.
Some of the land taken from black families has become a
country club in Virginia, oil fields in Mississippi, a major-
league baseball spring training facility in Florida.
The United States has a long history of bitter, often
violent land disputes, from claim jumping in the gold fields
to range wars in the old West to broken treaties with
American Indians. Poor white landowners, too, were sometimes
treated unfairly, pressured to sell out at rock-bottom prices
by railroads and lumber and mining companies.
The fate of black landowners has been an overlooked part of
this story.
The AP--in an investigation that included interviews with
more than 1,000 people and the examination of tens of
thousands of public records in county courthouses and state
and federal archives--documented 107 land takings in 13
Southern and border states.
In those cases alone, 406 black landowners lost more than
24,000 acres of farm and timber land plus 85 smaller
properties, including stores and city lots. Today, virtually
all of this property, valued at tens of millions of dollars,
is owned by whites or by corporations.
Properties taken from blacks were often small--a 40-acre
farm, a general store, a modest house. But the losses were
devastating to families struggling to overcome the legacy of
slavery. In the agrarian South, landownership was the ladder
to respect and prosperity--the means to building economic
security and passing wealth on to the next generation. When
black families lost their land, they lost all of this.
``When they steal your land, they steel your future,'' said
Stephanie Hagans, 40, of Atlanta, who has been researching
how her great-grandmother, Ablow Weddington Stewart, lost 35
acres in Mattews, N.C. A white lawyer foreclosed on Stewart
in 1942 after he refused to allow her to finish paying off a
$540 debt, witnesses told the AP.
``How different would our lives be,'' Hagans asked, ``if
we'd had the opportunities, the pride that land brings?
No one knows how many black families have been unfairly
stripped of their land, but there are indications of
extensive loss.
Besides the 107 cases the AP documented, reporters found
evidence of scores of other land takings that could not be
fully verified because of gaps or inconsistencies in the
public record. Thousands of additional reports of land
takings from black families remain uninvestigated.
Two thousands have been collected in recent years by the
Penn Center on St. Helena Island, S.C., an educational
institution established for freed slaves during the Civil
War. The Land Loss Prevention Project, a group of lawyers in
Durham, N.C., who represent blacks in land disputes, said it
receives new reports daily. And Heather Gray of the
Federation of Southern Cooperatives in Atlanta said her
organization has ``file cabinets full of complaints.''
AP's findings ``are just the tip of one of the biggest
crimes of this country's history,'' said Ray Winbush,
director of Fisk University's Institute of Race Relations.
Some examples of land takings documented by the AP:
After midnight on Oct. 4, 1908, 50 hooded white men
surrounded the home of a black farmer in Hickman, Ky., and
ordered him to come out for a whipping. When David Walker
refused and shot at them instead, the mob poured coal oil on
his house and set it afire, according to contemporary
newspaper accounts. Pleading for mercy, Walker ran out the
front door, followed by four screaming children and his wife,
carrying a baby in her arms. The mob shot them all, wounding
three children and killing the others. Walker's oldest son
never escaped the burning house. No one was ever charged with
the killings, and the surviving children were deprived of the
farm their father died defending. Land records show that
Walker's 2\1/2\-acre farm simply folded into the property of
a white neighbor. The neighbor soon sold it to another man,
whose daughter owns the undeveloped land today.
In the 1950s and 1960s, a Chevrolet dealer in Holmes
County, Miss., acquired hundreds of acres from black farmers
by foreclosing on small loans for farm equipment and pickup
trucks. Norman Weathersby, then the only dealer in the area,
required the farmers to put up their land as security for the
loans, county residents who dealt with him said. And the
equipment he sold them they said, often broke down shortly
thereafter. Weathersby's friend, William E. Strider, ran the
local Farmers Home Administration--the credit lifeline for
many Southern farmers. Area residents, including Erma
Russell, 81, said Strider, now dead, was often slow in
releasing farm operating loans to blacks. When cash-poor
farmers missed payments owed to Weathersby, he took their
land. The AP documented eight cases in which Weathersby
acquired black-owned farms this way. When he died in 1973, he
left more than 700 acres of this land to his family,
according to estate papers, deeds and court records.
In 1964, the state of Alabama sued Lemon Williams and
Lawrence Hudson, claiming the cousins had no right to two 40-
acre farms their family had worked in Sweet Water, Ala., for
nearly a century. The land, officials contended, belonged
to the state. Circuit Judge Emmett F. Hildreth urged the
state to drop its suit, declaring it would result in ``a
severe injustice.'' But when the state refused, saying it
wanted income from timber on the land, the judge ruled
against the family. Today, the land lies empty; the state
recently opened some of it to logging. The state's
internal memos and letters on the case are peppered with
references to the family's race.
In the same courthouse where the case was heard, the AP
located deeds and tax records documenting that the family had
owned the land since ancestor bought the property on Jan. 3,
1874. Surviving records also show the family paid property
taxes on the farms from the mid-1950s until the land was
taken.
AP reporters tracked the land cases by reviewing deeds,
mortgages, tax records, estate papers, court proceedings,
survey or maps, oil and gas leases, marriage records, census
listings, birth records, death certificates and Freedmen's
Bureau archives. Additional documents, including FBI files
and Farmers Home Administration records, were obtained
through the Freedom of Information Act.
The AP interviewed black families that lost land, as well
as lawyers, title searchers, historians, appraisers,
genealogists, surveyors, land activists, and local, state and
federal officials.
The AP also talked to current owners of the land, nearly
all of whom acquired the properties years after the land
takings occurred. Most said they knew little about the
history of their land. When told about it, most expressed
regret.
Weathersby's son, John, 62, who now runs the dealership in
Indianola, Miss., said he had little direct knowledge about
his father's
[[Page H186]]
business affairs. However, he said he was sure his father
never would have sold defective vehicles and that he always
treated people fairly.
Alabama Gov. Don Siegelman examined the state's files on
the Sweet Water case after an inquiry from the AP. He said he
found them ``disturbing'' and has asked the state attorney
general to review the matter.
``What I have asked the attorney general to do,'' he said,
``is look not only at the letter of the law but at what is
fair and right.''
The land takings are part of a larger picture--a 91-year
decline in black landownership in America.
In 1910, black Americans owned more farmland than at any
time before or since--at least 15 million acres. Nearly all
of it was in the South, largely in Mississippi, Alabama and
the Carolinas, according to the U.S. Agricultural Census.
Today, blacks won only 1.1 million of the country's more than
1 billion acres of arable land. They are part owners of
another 1.07 million acres.
The number of white farmers has declined over the last
century, too, as economic trends have concentrated land in
fewer, often corporate, hands. However, black ownership has
declined 2\1/2\ times faster than white ownership, the U.S.
Civil Rights Commission noted in a 1982 report, the last
comprehensive federal study on the trend.
The decline in black landownership had a number of causes,
including the discriminatory lending practices of the Farmers
Home Administration and the migration of blacks from the
rural South to industrial centers in the North and West.
However, the land takings also contributed. In the decades
between Reconstruction and the civil rights struggle, black
families were powerless to prevent them, said Stuart E.
Tolnay, a University of Washington sociologist and co-author
of a book on Lynchings. In an era when black Americans could
not drink from the same water fountains as whites and
black men were lynched for whistling at white women, few
blacks dared to challenge whites. Those who did could
rarely find lawyers to take their cases or judges who
would give them a fair hearing.
The Rev. Isaac Simmons was an exception. When his land was
taken, he found a lawyer and tried to fight back.
In 1942, his 141-acre farm in Amite County, Miss., was sold
for nonpayment of taxes, property records show. The farm, for
which his father had paid $302 in 1887, was brought by a
white man for $180.
Only partial, tattered tax records for the period exist
today in the county courthouse; but they are enough to show
that tax payments on at least part of the property were
current when the land was taken.
Simmons hired a lawyer in February 1944 and filed suit to
get his land back. On March 26, a group of whites paid
Simmons a visit.
The minister's daughter, Laura Lee Houston, now 74,
recently recalled her terror as she stood with her month-old
baby in her arms and watched the man drag Simmons away. ``I
screamed and hollered so loud,'' she said. ``They came toward
me and I ran down in the woods.''
The whites then grabbed Simmons' son, Eldridge, from his
house and drove the two men to a lonely road.
``Two of them kept beating me,'' Eldridge Simmons later
told the National Association for the Advancement of Colored
People. ``They kept telling me that my father and I were
`smart niggers' for going to see a lawyer.''
Simmons, who has since died, said his captors gave him 10
days to leave town and told his father to start running.
Later that day, the minister's body turned up with three
gunshot wounds in the back, The McComb Enterprise newspaper
reported at the time.
Today, the Simmons land--thick with timber and used for
hunting--is privately owned and is assessed at $33,660.
(Officials assess property for tax purposes, and the
valuation is usually less than its market value.)
Over the past 20 years, a handful of black families have
sued to regain their ancestral lands. State courts, however,
have dismissed their cases on grounds that statutes of
limitations had expired.
A group of attorneys led by Harvard University law
professor Charles J. Ogletree has been making inquiries
recently about land takings. The group has announced its
intention to file a national class-action lawsuit in pursuit
of reparations for slavery and racial discrimination.
However, some legal experts say redress for many land takings
may not be possible unless laws are changed.
As the acres slipped away, so did treasured pieces of
family history--cabins crafted by a grandfather's hand,
family graves in shared groves.
But ``the home place'' meant more than just that. Many
blacks have found it ``very difficult to transfer wealth from
one generation to the next,'' because they had trouble
holding onto land, said Paula Giddings, a history
professor at Duke University.
The Espy family in Vero Beach, Fla., lost its heritage in
1942, when the U.S. government sized its land through eminent
domain to build an airfield. Government agencies frequently
take land this way for public purposes under rules that
require fair compensation for the owners.
In Vero Beach, however, the Navy appraised the Espy's 147
acres, which included a 30-acre fruit grove, two houses and
40 house lots, at $8,000, according to court records. The
Espys sued, and an all-white jury awarded them $13,000. That
amounted to one-sixth of the price per acre that the Navy
paid white neighbors for similar land with fewer
improvements, records show.
After World War II, the Navy gave the airfield to the city
of Vero Beach. Ignoring the Espy's plea to buy back their
land, the city sold part of it, at $1,500 an acre, to the Los
Angeles Dodgers in 1965 as a spring training facility.
In 1999, the former Navy land, with parts of Dodgertown and
a municipal airport, was assessed at $6.19 million. Sixty
percent of that land once belonged to the Espys. The team
sold its property to Indian River County for $10 million in
August, according to Craig Callan, a Dodgers official.
The true extent of land takings from black families will
never be known because of gaps in property and tax records in
many rural Southern counties. The AP found crumbling tax
records, deed books with names torn from them, file folders
with documents missing, and records that had been crudely
altered.
In Jackson Parish, La., 40 years of moldy, gnawed tax and
mortgage records were piled in a cellar behind a roll of
Christmas lights and a wooden reindeer. In Yazoo County,
Miss., volumes of tax and deed records filled a classroom in
an abandoned school, the papers coated with white dust from a
falling ceiling. The AP retrieved dozens of documents that
custodians said were earmarked for shredders or landfills.
The AP also found that about a third of the county
courthouses in Southern and border states have burned--some
more than once--since the Civil War. Some of the fires were
deliberately set.
On the night of Sept. 10, 1932, for example, 15 whites
torched the courthouse in Paulding, Miss., where property
records for the eastern half of Jasper County, then
predominately black, were stored. Records for the
predominantly white western half of the county were safe in
another courthouse miles away.
The door to the Paulding courthouse's safe, which protected
the records, had been locked the night before, the Jasper
County News reported at the time. The next morning, the safe
was found open, most of the records reduced to ashes.
Suddenly, it was unclear who owned a big piece of eastern
Jasper County.
Even before the courthouse fire, landownership in Jasper
County was contentious. According to historical accounts, the
Ku Klux Klan, resentful that blacks were buying and profiting
from land, had been attacking black-owned farms, burning
houses, lynching black farmers and chasing black landowners
away.
The Masonite Corp., a wood products company, was one of the
largest landowners in the area. Because most of the land
records had been destroyed, the company went to court in
December 1937 to clear its title. Masonite believed it owned
9,581 acres and said in court papers that it had been unable
to locate anyone with a rival claim to the land.
A month later, the court rules the company had clear title
to the land, which has since yielded millions of dollars in
natural gas, timber and oil, according to state records.
From the few property records that remain, the AP was able
to document that at least 204.5 of those acres had been
acquired by Masonite after black owners were driven off by
the Klan. At least 850,000 barrels of oil have been pumped
from this property, according to state oil and gas board
records and figures from the Petroleum Technology Transfer
Council, an industry group.
Today, the land is owned by International Paper Corp.,
which acquired Masonite in 1988. Jenny Boardman, a company
spokeswoman, said International Paper has been unaware of the
``tragic'' history of the land and was concerned about AP's
findings.
``This is probably part of a much larger, public debate
about whether there should be restitution for people who have
been harmed in the past,'' she said. ``And by virtue of the
fact that we now own these lands, we should be part of that
discussion.''
Even when Southern courthouses remained standing, mistrust
and fear of white authority long kept blacks away from record
rooms, where documents often were segregated into ``white''
and ``colored.'' Many elderly blacks say they still remember
how they were snubbed by court clerks, spat upon and even
struck.
Today, however, fear and shame have given way to pride.
Interest in genealogy among black families is surging, and
some black Americans are unearthing the documents behind
those whispered stories.
``People are out there wondering: What ever happened to
Grandma's land?'' said Loretta Carter Hanes, 75, a retired
genealogist. ``They knew that their grandparents shed a lot
of blood and tears to get it.''
Bryan Logan, a 55-year-old sports writer from Washington,
D.C., was researching his heritage when he uncovered a
connection to 264 acres of riverfront property in Richmond,
Va.
Today, the land is Willow Oaks, an almost exclusively white
country club with an assessed value of $2.94 million. But in
the 1850s, it was a corn-and-wheat plantation worked by the
Howlett slaves--Logan's ancestors.
Their owner, Thomas Howlett, directed in his will that his
15 slaves be freed, that his plantation be sold and that the
slaves received the proceeds. When he died in 1856, his
[[Page H187]]
white relatives challenged the will, but two courts upheld
it.
Yet the freed slaves never got a penny.
Benjamin Hatcher, the executor of the estate, simply took
over the plantation, court records show. He cleared the
timber and mined the stone, providing granite for the Navy
and War Department buildings in Washington and the capitol in
Richmond, according to records in the National Archives.
When the Civil War ended in 1865, the former slaves
complained to the occupying Union Army, which ordered
Virginia courts to investigate.
Hatcher testified that he had sold the plantation in 1862--
apparently to his son, Thomas--but had not given the proceeds
to the former slaves. Instead, court papers show, the
proceeds were invested on their behalf in Confederate War
Bonds. There is nothing in the public record to suggest the
former slaves wanted their money used to support the Southern
war effort.
Moreover, the bonds were purchased in the former slaves'
names in 1864--a dubious investment at best in the fourth
year of the war. Within months, Union armies were marching on
Atlanta and Richmond, and the bonds were worthless pieces of
paper.
The blacks insisted they were never given even that, but in
1871, Virginia's highest court rules that Hatcher was
innocent of wrongdoing and that the former slaves were owed
nothing.
The following year, the plantation was broken up and sold
at a public auction. Hatcher's son received the proceeds,
county records show. In the 1930s, a Richmond businessman
cobbled the estate back together; he sold it to Willow Oaks
Corp. in 1955 for an unspecified amount.
``I don't hold anything against Willow Oaks,'' Logan said.
``But how Virginia's courts acted, how they allowed the land
to be stolen--it goes against everything America stands
for.''
____
Peculiar Land Swaps Leave Blacks With Little of Their Ancestors'
Georgia Island
(By Dolores Barclay)
Sapelo Island, Ga. (AP).--It was a peculiar offer: Blacks
could swap ancestral land in the most valuable area of this
barrier island for smaller parcels owned by a white tycoon in
a low, partly swampy enclave known as Hog Hammock.
Yet not a single black family turned it down.
This was Georgia in the 1950s, and the tycoon was Richard
J. Reynolds Jr., son of the man who built one of America's
biggest tobacco companies. And Sapelo residents say Reynolds
ruled the island.
``He wanted the land for his own benefit,'' said Cornelia
Bailey, 56, a longtime resident. ``He wanted to . . . control
the entire north end without pockets of blacks here and
there.''
Reynolds arrived on Sapelo in 1932 and moved into a mansion
in a community called Raccoon Bluff. His neighbors were
Geechee families who retained their African-English dialect.
Some had lived on the island for centuries, harvesting
oysters and scooping up shrimp in their handmade nets.
Reynold owned the ferries and a lumber mill and was the
biggest employer on the island. And he had a powerful friend,
Tom Poppell, the country sheriff.
The land swaps began in the 1950s. Deed records show that
in 1956, Rosa Walker exchanged a 16-acre tract in Raccoon
Bluff for 5.5 acres in Hog Hammock. Prince and Elizabeth
Carter soon traded their 9 acres in Raccoon Bluff for 2 acres
in Hog Hammock. And Bailey's father, Hicks Walker, now 98,
accepted 2 acres in Hog Hammock for 4 acres on the island's
northwestern nose, in an area called Belle Marsh.
In some swaps, deed records show, blacks also received
``other consideration.'' In Hicks Walker's case, his daughter
said, it was timber for a new house. But when the wood was
delivered, she said, Reynolds charged him for it.
Nearly all of the black landowners in Raccoon Bluff--at
least a dozen families--made similar land swaps with
Reynolds.
Why would they agree to such deals?
Cornelia Bailey's father was pressured to make the swap,
she said, recalling what her parents had told her. ``They
started laying in subtle threats: `Now, Hicks, it would be
hard on you if you have to leave the island and your family's
here to take care of.' That was a subtle threat that . . . he
would lose his job.''
On Sapelo, in those days, ``either you worked for Reynolds
or you didn't work at all,'' she said.
After Reynolds' death, his wife, Annemarie S. Reynolds,
sold most of their Sapelo holdings to the state of Georgia
for $835,000 in 1969. Today, the state runs a marine research
institute on the island.
Reached at her home in Switzerland, Reynolds was asked if
she thought the land swaps had been fair.
``I guess so,'' she said. ``Mr. Reynolds tried to do a good
thing for their benefit.''
The Reynolds family kept some of the land, including 698
acres in Raccoon Bluff now managed by The Sapelo Foundation,
a philanthropic organization set up by Richard J. Reynolds
Jr.
Ernest Walker claims some of that land is his.
According to county tax receipts, Walker still pays
property taxes on 33\1/4\ acres of the land, which his
ancestors purchased in 1874.
An AP search of land records found no evidence that the
Walker family had ever transferred it to Reynolds, the Sapelo
Foundation of anyone else.
____
Alabama Pushed a Black Family Off Its Land--and Left It Empty for Years
(By Todd Lewan)
Sweet Water, Ala. (AP)--The legacy Lemon Williams always
hoped to leave to his grandchildren was the land of his
birth.
His 40-acre cotton-and-bean farm was among the smallest in
Marengo County, but the land his grandfather had settled
after the Civil War meant everything to Williams.
``This land,'' Williams always told his son, Willie, ``is
part of our family, Treat it like your brother.''
Then in June 1964, a letter arrived. The State Lands
Division had checked the title of the property with the
Bureau of Land Management. The federal agency had replied
that, as far as it could determine, the 40 acres belonged to
the state.
How could this be if, as the family's original deed said,
Williams' grandfather had bought the land for $480 on Jan. 3,
1874?
In 1906, the letter said, the federal government had
designated the 40 acres as swampland and patented the
property to the state of Alabama. The 40-acre farm of
Lawrence Hudson, Williams' cousin, also belonged to the state
for the same reason, according to the letter. The attorney
general, the latter said, was now suing both families for
their land.
The families gathered their children and their deeds and
took them to J.C. Camp, a lawyer in Linden, the county seat.
The lawyer and both couples have since died, but Lemon
Williams' son and daughter, Willie and Inez, say they recall
every detail of the meeting.
``Camp took our money, took our deeds, put them in his
drawer and promised he'd fix everything,'' said Willie
Williams, 50. ``We never saw those deeds again.''
In 1965, a fire ravaged the Marengo County courthouse. Many
records survived; the file containing the Williams and Hudson
court case apparently did not. The Associated Press found
only the trial docket.
The State Lands Division in Montgomery, however, monitored
the case. Letters and internal memos from those files are
peppered with references to the Williams and Hudson families'
race. They show officials adamantly opposed to allowing ``the
negro defendants'' to keep the land, even thought they
acknowledged in writing that both families could trace their
ownership back to 1874.
In an April 30, 1964, memo, George T. Driver, a former
state lands director, wrote: ``The lands are being claimed by
Lemon Williams . . . (a colored man).'' A Nov. 30, 1964,
memo by William G. O'Rear, chief attorney for the state
conservation department, refers to ``the negro defendants.''
And in 1966, Marengo's tax assessor noted: ``Land Bk shows
above 40 acres still owned by L.B. Hudson (black).''
A year later, Circuit Judge Emmett F. Hildreth asked the
state to reconsider the lawsuit. Taking the land, he wrote,
``would create a severe injustice.''
Claude D. Kelley, then Alabama's director of conservation,
replied that the state had no intention of dropping the
lawsuit because income from cutting timber on its could be
used for state-run hospitals.
In 1967, Hildreth ruled that Williams, Hudson and their
wives could remain on the land but could not farm or log it.
when they died, his decree said, the state would take
possession.
Hudson died in 1975 and his wife died shortly afterward,
but family members say the state waited until last year to
ask their children to leave the farm. They moved to nearby
Butler.
The Williamses moved to an acre lot several miles from
their old farm after Hildreth's ruling. For three decades,
they pleaded for the land in letters to state officials and
received form letters in response.
The vine-wrapped house that was once the center of their
farm is slowly collapsing. Conservation officials have opened
some of the area to timber cutters, state records show.
James Griggs, director of state lands, said the dispute was
handled properly. ``There have only been two owners of the
land, the federal government and the state,'' he said.
the Associated Press, however, found deeds on file in the
county courthouse documenting the Hudson and Williams
families' ownership of the property all the way back to 1874.
There are also surviving records showing both families paying
taxes on the land from the last 1950s until the land was
taken.
After being told of the AP's findings, Alabama Gov. Don
Slegelman read the files and said he found them
``disturbing.'' He has asked the attorney general to review
the case.
____
Car Dealer Acquired Black Farmers' Land by Foreclosing on Loans
(By Dolore Barclay)
Lexington, Miss. (AP).--Down in the Delta, folks still talk
about Norman Weathersby, a White Chevrolet dealer who
acquired hundreds of acres of black-owned land in the 1950s
and '60s in exchange for used pickup trucks and farm
equipment.
``Old Norman was something else,'' said Rhodolphis Hayes
with a shake of his head.
The 71-year-old farmer and other Holmes County residents
recall the days when black
[[Page H188]]
farmers had to finance trucks and equipment from Weathersby
because, they said, the local banks refused to do business
with blacks.
Weathersby, they said, required that they put up their
entire farms as collateral for the loans, and when a cash-
poor farmer missed a payment, Weathersby acquired land this
way.
County land records show that Henry and Mary Friend put up
63 acres in 1958 for a $1,598 loan. The land went to
Weathersby a few months later. Ed and Pattie Blissett lost
their 50-acre farm in 1958 after they missed a payment on a
1956 loan from Weathersby for $1,785. The final note of $385
had been due in 1960.
It was easy for Holmes County blacks to default on their
loans.
For one thing, several area residents said, the equipment
and trucks blacks needed to run their farms often broke down
shortly after they bought them from Weathersby.
``He'd fix it up so it could run between Lexington and
Tchula (a 20-minute drive). Then it would die on you,'' said
Griffin McLaurin Jr., 60, recalling how his father lost the
family's 100-acre farm in 1966 because of a $40,000 loan.
``When the man called in for the money, he didn't have
it,'' McLaurin said, and Weathersby forclosed. The son later
bought back 7\1/2\ acres of the land from Weathersby--for
$4,253.15, records show.
Weathersby's close friend, William E. Strider, ran the
local Farmers Home Administration--the credit lifeline for
many Southern farmers. Hayes, McLaurin and others in Holmes
County said Strider, now dead, was often slow in releasing
farm operating loans to blacks.
``You have to do your land breaking, your fertilizing and
your seeds, but if you don't get the money on time, you can't
farm,'' Hayes said.
In the late 1950s, Erma Russell, now 81, had businesses at
the FmHA office in Lexington. She was about to knock on
Strider's door, she said, when she heard Weathersby and
Strider talking.
``They said how they were going to get the colored folk off
their land through foreclosures,'' she recalled. ``They were
suggesting ways to have us `volunteer' to surrender our land.
All I could do as pray they wouldn't take it.
The Russells paid up their loans and kept their 65-acres
farm ``It wasn't easy to get this.'' She glanced out her
windows to a spread of ebony soil. ``We had to struggle . . .
We had to fight to get this, and we won.''
When he died in 1973, Weathersby left his family about 700
acres blacks had once owned, according to his estate papers,
deeds and court papers.
Weathersby's son 62, who now runs the dealership in
Indiana, said he had little direct knowledge about his
father's business deals and car loans. However, he said he
was sure his father never would have sold defective vehicles
and that he always treated people fairly.
``He helped people no matter what race,'' he said.
____
Living in the North Gave Blacks No Guarantee Against Land Grabs
(By Allen G. Breed)
Phippsburg, ME (AP)--In 1912, 45 mixed-race people living
on Malaga Island in the mouth of the New Meadows River were
thrown off their land by the state of Maine.
``It was ill considered and it was brutally done,'' says
William David Barry, a librarian at the Maine Historical
Society who has written about the case.
Nearly a quarter of the islanders were sent to the Maine
School for the Feeble-Minded while state workers torched
their shacks and even dug up the ones of their ancestors,
according to historians and contemporary newspaper accounts.
Most black American families that lost land through fraud
and intimidation lived in the South. The story of Malaga,
however, shows that living in the North provided no
guarantee.
Historians believe the 41-acre island, just 100 yards from
shore, was settled by free blacks during the Civil War. For
years, they lived unmolested on the island, but as the 20th
century dawned, that changed.
The year 1912 was a difficult one in Maine. The state's
shipbuilding industry was waning, and the summer cottage
industry was just beginning to develop. About this time, some
educated Mainers were embracing eugenics--a pseudo-science
holding that the poor and handicapped should be removed from
the gene pool.
Locals wanted to get rid of the poor, unsightly colony, but
state authorities needed the appearance of legality. They
declared that the island was the property of the Perry
family, which had been among Phippsburg's earliest settlers.
Although the Perrys had purchased the island in 1818, an
Associated Press search of town records found no evidence
that the family had paid taxes on it. The residents of Malaga
had lived there for half a century--far longer than the 20
years necessary to establish ownership under Maine law.
Nevertheless, the state bought the island from the Perry
heirs in December 1911 and ordered the islanders to leave by
July 1, 1912. Residents were paid varying sums for their
houses--between $50 and $300--but given nothing for the land,
according to minutes of the Governor's Executive Council.
Locals say no one has lived there since.
In 1989, property records show, the island was purchased by
T. Ricardo Quesada of Freeport, Maine, co-owner of a
commercial development company.
Assessed at $87,400, the island is barren but for some
trees and drying lobster pots.
``The island is used by the family for various purposes,''
Quesada said. ``And we think the less publicity about it the
better.''
The African-American Geneological Society of New England is
considering asking the governor for a formal apology for
Malaga. Gov. Angus S. King Jr. is on record as saying that if
the apology is requested, he will make it.
____
Landownership Made Blacks Targets of Violence and Murder
(By Dolores Barclay, Todd Lewan and Allen G. Breed)
As a little girl, Doria Dee Johnson often asked about the
man in the portrait hanging in an aunt's living room--her
great-great-grandfather. ``It's too painful,'' her elderly
relatives would say, and they would look away.
A few years ago, Johnson, now 40, went to look for answers
in the rural town of Abbeville, S.C.
She learned that in his day, the man in the portrait,
Anthony P. Crawford, was one of the most prosperous farmers
in Abbeville County. That is, until Oct. 21, 1916--the day
the 51-year-old farmer hauled a wagon-load of cotton to town.
Crawford ``seems to have been the type of negro who is most
offensive to certain elements of the white people,'' Mrs.
J.B. Holman would say a few days later in a letter published
by The Abbeville Press and Banner. ``He was getting rich, for
a negro, and he was insolent along with it.''
Crawford's prosperity had made him a target.
The success of blacks such as Crawford threatened the reign
of white supremacy, said Stewart E. Tolnay, a sociologist at
the University of Washington and co-author of a book on
lynchings. ``There were obvious limitations, or ceilings,
that blacks weren't supposed to go beyond.''
In the decades between the Civil War and the civil rights
era, one of those limitations was owning land, historians
say.
Racial violence in America is a familiar story, but the
importance of land as a motive for lynchings and white mob
attacks on blacks has been widely overlooked. And the
resulting land losses suffered by black families such as the
Crawfords have gone largely unreported.
The Associated Press documented 57 violent land takings--
more than half of the 107 land takings found in an 18-month
investigation of black land loss in America. The other cases
involved trickery and legal manipulations.
Sometimes, black landowners were attacked by whites who
just wanted to drive them from their property. In other
cases, the attackers wanted the land for themselves.
For many decades successful blacks ``lived with a gnawing
fear . . . that white neighbors could at any time do
something violent and take everything from them,'' said
Loren Schweninger, a University of North Carolina expert
on black landownership.
While waiting his turn at the gin that fall day in 1916,
Crawford entered the mercantile store of W.D. Barksdale.
Contemporary newspaper accounts and the papers of then Gov.
Richard Manning detail what follows:
Barksdale offered Crawford 85 cents a pound for his
cottonseed, Crawford replied that he had a better offer.
Barksdale called him a liar; Crawford called the storekeeper
a cheat. Three clerks grabbed ax handlers, and Crawford
backed into the street, where the sheriff appeared and
arrested Crawford--for cursing a white man.
Released on ball, Crawford was concerned by about 50 whites
who beat and knifed him. The sheriff carried him back to
jail. A few hours later, a deputy gave the mob the keys to
Crawford's cell.
Shutdown found them at a baseball field at the edge of
town. There, they hanged Crawford from a solitary Southern
pine.
No one was ever tried for the killing. In its aftermath
hundreds of blacks, including some of the Crawfords, fled
Abbeville.
Two whites were appointed executors of Crawford's estate,
which included 427 acres of prime cotton land. One was Andrew
J. Ferguson, cousin of two of the mob's ringleaders, the
Press and Banner reported.
Crawford's children inherited the farm, but Ferguson
liquidated much of the rest of Crawford's property including
his cotton, which went to Barksdale. Ferguson kept $5,438--
more than half the proceeds--and gave Crawford's children
just $200 each, estate papers show.
Crawford's family struggled to hold the farm together but
eventually lost it when they couldn't pay off a $2,000
balance on a bank loan. Although the farm was assessed at
$20,000 at the time, a white man paid $504 for it at the
foreclosure auction, according to land records.
``There's land taken away and there's murder,'' said
Johnson, of Alexandria, VA. ``But the biggest crime was that
our famly was split up by this. My family got scattered into
the night.''
The former Crawford land provided timber to several owners
before International Paper Corp. acquired it last year. Jenny
Boardman, a company spokeswoman, said International Paper was
unaware of the land's history.
[[Page H189]]
When told about it, she said: ``The Crawford story is tragic.
It causes you to think that there are facets of our history
that need to be discussed and addressed.''
Other current owners of property involved in violent land
takings also said they knew little about the history of their
land, and most were disturbed when informed about it.
The Tuskegee Institute and the National Association for the
Advancement of Colored People have documented more than 3,000
lynchings between 1865 and 1965, and believe there were more.
Many of those lynched were property owners, said Ray Winbush,
director of Fisk University's Race Relations Institute.
``If you are looking for stolen black land,'' he said,
``just follow the lyching trail.''
Some white officials condoned the violence; a few added
threats of their own.
``If it is necessary, every Negro in the state will be
lynched,'' James K. Vardaman. declared while governor of
Mississippi (1904-1908). ``It will be done to maintain
white supremacy.''
In some places, the AP found, single families were
targeted. Elsewhere, entire black communities were destroyed.
Today, Birmingham, Ky., lies under a floodway created in
the 1940s. But at the start of the 20th century, it was a
tobacco center with a predominantly black population, and a
battleground in a five-year siege by white marauders called
Night Riders.
On the night of March 8, 1908, about 100 armed whites tore
through town on horseback, shooting seven blacks, three of
them fatally. The AP documented the cases of 14 black
landowners who were driven from Birmingham. Together, they
lost more than 60 acres of farmland and 21 city lots to
whites--many at sheriff's sales, all for low prices.
John Scruggs and his young granddaughter were killed in
Birmingham that night, The Courier-Journal of Louisville
reported at the time. Property records show that the city lot
Scruggs had bought for $25 in 1902 was sold for nonpayment of
taxes six years after the attack. A local white man bought it
for $7.25 (or about $144 in today's dollars).
Land that had belonged to other blacks went for even less.
John Puckett's 2 acres sold for $4,70; Ben Kelley's city lot
went for just $2.60.
In Pierce City, Mo., 1,000 armed whites burned down five
black-owned houses and killed four blacks on Aug. 18, 1901.
Within four days, all of the town's 129 blacks had fled,
never to return, according to a contemporary report in The
Lawrence Chieftain newspaper. The AP documented the cases of
nine Pierce City blacks who lost a total of 30 acres of
farmland and 10 city lots. Whites bought it all at bargain
prices.
Eviline Brinson, whose house was burned down by the mob,
sold her lot for $25 to a white woman after the attack.
Brinson had paid $96 for the empty lot in 1889, county
records show.
The attacks on Birmingham and Pierce City were part of a
pattern in Southern and border states in the first half of
the 20th century: lynchings and mob attacks on blacks,
followed by an exodus of black citizens, some of them forced
to abandon their property or sell it at cut-rate prices.
``Black landowners were put under a tremendous amount of
pressure, from authorities and otherwise, to give up their
land and leave,'' said Earl N.M. Gooding, director of the
Center for Urban and Rural Research at Alabama A&M
University. ``They became refugees in their own country.''
For example, the AMP found that 18 black families lost a
total of 330 acres plus 48 city lots when they fled Ocoee,
Fla., after a 1920 Election Day attack on the black
community. Some were able to sell their land at a fair price,
but others such as Valentine High Tower were not. He parted
with 52 acres for $10 in 1926, property records show.
Today the land lost by the 18 Ocoee families, not including
buildings now on it, is assessed at more than $4.2 million.
(Officials assess property for tax purposes, and the
valuation is usually less than its market value.)
Sometimes, individual black farmers were singled out and
attacked by bands of white farmers known as the Whitecaps.
Operating in several Southern and border states around the
turn of the 20th century, they were intent on driving blacks
from their land and discouraging other blacks from
acquiring it, said historian George C. Wright, provost at
the University of Texas at Arlington.
``The law wouldn't help,'' he said. ``There was just no one
to turn to.''
Whitecaps often nailed notes with crudely drawn coffins to
the doors of black landowners, warning them to leave or die.
The warning to Eli Hilson of Lincoln County, Miss., came on
Nov. 18, 1903, when Whitecaps shot up his house just hours
after his new baby was born, The Brookhaven Leader newspaper
reported at the time. Hilson ignored the warning.
A month later, the 39-year-old farmer was shot in the head
as he drove his buggy toward his farm, the newspaper said.
The horse trotted home, delivering Hilson's body to his wife,
Hannah.
She struggled to raise their 11 children and work the 74-
acre farm, but she could not manage without her husband.
Hannah Hilson lost the property through a mortgage
foreclosure in 1905. According to land records, the farm went
for $439 to S.P. Oliver, a member of the county board of
supervisors. Today, the property is assessed at $61,642.
It wasn't just Whitecaps and Night Riders who chased blacks
from their land. Sometimes, officials did it.
In Yazoo County, Miss., Norman Stephens and his twin
brother, Homer, ran a trucking business, hauling cotton
pickers to plantations. One day in 1950, a white farmer
demanded that Stephens immediately deliver workers to his
field, Stephens' widow, Rosie Fields, said in a recent
interview.
Stephens explained he had other commitments and promised to
drop off the men later, his wife said. The farmer fetched the
sheriff.
That evening, the brothers found themselves locked in a
second-floor room at the county jail. They squeezed through a
window, leaped to the ground and ran. Fields, now 83, said
her husband later told her why: They had overheard the
sheriff, who has since died, talking about where to hide
their bodies.
Once home, Fields said, Stephens and his brother packed
their bags and flagged down a bus to Ohio. A year later, she
and her five children joined them.
For a decade, the family made mortgage and property tax
payments on the house they left behind, records show. But it
was hard to keep up, and they never dared to return, Fields
said. Finally, in the 1960s, they stopped paying and lost the
house they had purchased for $700 in 1942.
One aim of racial violence was to deny blacks the tools to
build wealth, said John Hope Franklin, chairman of President
Clinton's Advisory Board on Race.
Paula J. Giddings, a Duke University historian, said that
``by the 1880s and 1890s, a significant number of blacks
began to do very well in terms of entrepreneurship and
landownership, and it simply couldn't be tolerated.
In 1885, Thomas Moss, Henry Stewart and Calvin McDowell
opened the Peoples' Grocery Store in a largely black Memphis
neighborhood known as The Curve. Across the street was
another grocery, owned by a white man, W.H. Barret.
On Saturday, March 5, 1892, two boys--one black, the other
white--squabbled over a game of marbles near the store, which
led to a dispute between their fathers. Barret went to the
police, claiming black shopkeepers were instigating trouble.
Contemporary newspaper accounts describe what ensued:
Some townspeople warned the shopkeepers that a white mob
was planning to attack their store. So when nine deputy
sheriffs in civilian clothing tried to enter after dark
Sunday to deliver arrest warrants, they were taken for
intruders and fired on. Three deputies were wounded. Moss,
Stewart and McDowell were jailed.
Early Wednesday morning, a mob of about 75 whites yanked
the three men from their cells while other whites looted the
grocery.
In the aftermath, more than 2,000 blacks streamed out of
Memphis, according to contemporary newspaper accounts.
Creditors liquidated whatever stock the looters left behind,
and the store landed in the hands of John C. Reilly, a deputy
sheriff.
Over the years, the property has been resold many times,
and today is the site of a small business, the Panama
Grocery.
As for the three store owners, their bullet-torn bodies
turned up in a ravine near the Wolf River, The Memphis
Appeal-Avalanche reported at the time.
When Moss' body was found, his hands were clenched, the
newspaper noted. They were filled with grass and the brown
clay of Tennessee.
____
Taking Away the Vote--and a Black Man's Land
(By Todd Lewan)
Columbus, Miss. (AP).--Robert Gleed was 17 when he escaped
from a Virginia slaveowner and trailed his sweetheart to
eastern Mississippi. Here, in the years after the Civil War,
he prospered, owning 295 acres of farmland, three city lots,
a stately home and a general store, according to county
records.
It was a time when America's blacks were testing their new
freedom under the protection of the occupying Union army.
Many were acquiring land, voting, building schools, joining
the ranks of the Republican Party--the party of Lincoln.
But one violent night in the waning days of Reconstruction,
Nov. 1, 1875, Gleed lost it all.
He had been running for sheriff of Lowndes County. On the
eve of the election, a mob of whites attacked a parade of his
supporters. Four blacks were killed, one of the sidewalk in
front of Gleed's store.
Gleed was a man of stature in Columbus--president of the
Mercantile Land and Banking Co., head of the county Chamber
of Commerce, a two-time Mississippi state senator who had
helped pass a law against racial discrimination on public
transportation.
But the only thing that saved him that night, according to
historical accounts, was a white friend who hid him in a
well.
At the time, Lowndes County had 3,800 registered black
voters, nearly all of them Republicans, as was Gleed. There
were only 1,250 whites registered, nearly all as Democrats,
the Columbus Press reported at the time.
As the mob of torch-carrying whites surged through town on
election eve, fires broke out. Whites invaded Gleed's house,
shot up his furniture, shredded his wife's clothing.
The next day, Gleed's opponent, a white Democrat, was
elected sheriff. Gleed fled to Paris, Texas, leaving behind
his house, his general store and its stock, his city lots and
farmland.
[[Page H190]]
Soon after, two white townspeople claimed Gleed owed them
money and foreclosed on his property, records show.
Toby W. Johnston liquidated the store and stock, pocketing
$941. Bernard G. Hendrick, a city councilman, took 215 acres
of Gleed's farm for what he said was a $125 debt. Hendrick
snapped up Gleed's home and an adjacent lot for $11 at an
auction and later took the rest of Gleed's city holdings for
$500.
In the 1940s, the old Gleed farm was sold to the federal
government; today, U.S. Highway 50 runs through it. One of
Gleed's city lots now holds four houses, a gas station and
Associated Realty.
``I guess I don't care who owned it previously,'' Bob Oaks,
president of the realty company, said when told about Gleed.
``That's bad, but it sounds like he abandoned his property.''
Gleed was 80 when he died on July 24, 1916. His obituary in
the Columbus Commercial newspaper said he was ``believed to
have been the last remaining negro who has served Lowndes
County in an office which is now filled by honorable and
distinguished white citizens.''
____
A Man Is Jailed for Defending His Land
(By Dolores Barclay)
Franklin, Ky. (AP).--George and Mary Dinning were in bed,
asleep, when riders came to drive them from their land. By
morning, a man lay dead, and George Dinning was on his way to
jail.
What happened that raw night in January 1897 is told in
depositions and trial testimony from Dinning, his wife, Mary,
and members of the mob that attacked their tobacco farm. The
accounts are similar; sometimes, even the same words appear.
Contemporary news accounts from The Courier-Journal newspaper
of Louisville and the papers of Gov. William O. Bradley add
to the story:
About 11 p.m., 25 white men on horseback surrounded
Dinning's farm, a 124-acre spread that spilled over the hills
of southern Kentucky into Tennessee. Then came pounding at
the front and back doors.
``I will give you just 10 days to get away from here, and
don't you stop within 40 miles,'' a man said.
``What have I done?'' Dinning asked.
You stole turkeys and chickens, the man answered. Dinning
began to explain that he could account for everything he
owned.
Boom! The back door exploded.
Bleeding from a wound in his arm, Dinning ran through
gunfire up the stairs, past his wife and six children. He
grabbed his shotgun, opened a front bedroom window and fired.
A man named Jodie Conn fell dead. The mob retreated with his
body, but not before a bullet creased Dinning's head.
Dinning turned himself in to the sheriff of Simpson County,
who moved him to Bowling Green, a three-day journey, and then
farther still to Louisville, to escape white mobs.
Riders came for Mary Dinning the next day.
Leave or hang, they told her. She begged for more time; her
12-year-old daughter was feverish. She and the children could
stay inside the burning house, the mob retorted.
``Near sundown,'' she later testified, ``I started with my
six children, the youngest being 4 months old, the oldest 13
years. I was so badly frightened when I left, that I did not
take time to put wrappings on myself or children.
``The next night after leaving,'' she continued, ``my house
and everything on Earth we had . . . was destroyed by fire.''
An all-white jury convicted Dinning of manslaughter, and he
was sentenced to seven years in prison. The men who attacked
his home were never arrested.
Petitions to pardon Dinning poured in from prominent whites
including Louisville Mayor George Todd. After much pressure,
Bradley granted a pardon, on July 17, 1897.
____
AP Documents Land Taken From Blacks Through Trickery, Violence and
Murder
(By Todd Lewan and Dolores Barclay)
For generations, black families passed down the tales in
uneasy whispers: ``They stole our land.''
These were family secrets shared after the children fell
asleep, after neighbors turned down the lamps--old stories
locked in fear and shame.
Some of those whispered bits of oral history, it turns out,
are true.
In an 18-month investigation, The Associated Press
documented a pattern in which black Americans were cheated
out of their land or driven from it through intimidation,
violence and even murder.
In some cases, government officials approved the land
takings; in others, they took part in them. The earliest
occurred before the Civil War; others are being litigated
today.
Some of the land taken from black families has become a
country club in Virginia, oil fields in Mississippi, a major-
league baseball spring training facility in Florida.
The United States has a long history of bitter, often
violent land disputes, from claim jumping in the gold fields
to range wars in the old West to broken treaties with
American Indians. Poor white landowners, too, were sometimes
treated unfairly, pressured to sell out a rock-bottom prices
by railroads and lumber and mining companies.
The fate of black landowners has been an overlooked part of
this story.
The AP--in an investigation that included interviews with
more than 1,000 people and the examination of tens of
thousands of public records in county courthouses and state
and federal archives--documented 107 land takings in 13
Southern and border states.
In those cases alone, 406 black landowners lost more than
24,000 acres of farm and timber land plus 85 smaller
properties, including stores and city lots. Today, virtually
all of this property, valued at tens of millions of dollars,
is owned by whites or by corporations.
Properties taken from blacks were often small--a 40-acre
farm, a general store, a modest house. But the losses were
devastating to families struggling to overcome the legacy of
slavery. In the agrarian South, landownership was the ladder
to respect and prosperity--the means to building economic
security and passing wealth on to the next generation. When
black families lost their land, they lost all of this.
``When they steal your land, they steal your future,'' said
Stephanie Hagans, 40, of Atlanta, who has been researching
how her great-grandmother, Ablow Weddington Stewart, lost 35
acres in Matthews, N.C. A white lawyer foreclosed on Stewart
in 1942 after he refused to allow her to finish paying off a
$540 debt, witnesses told the AP.
``How different would our lives be,'' Hagans asked, ``if
we'd had the opportunities, the pride that land brings?''
No one knows how many black families have been unfairly
stripped of their land, but there are indications of
extensive loss.
Besides the 107 cases the AP documented, reporters found
evidence of scores of other land takings that could not be
fully verified because of gaps or inconsistencies in the
public record. Thousands of additional reports of land
takings from black families remain uninvestigated.
Two thousand have been collected in recent years by the
Penn Center on St. Helena Island, S.C., an educational
institution established for freed slaves during the Civil
War. The Land Loss Prevention Project, a group of lawyers in
Durham, N.C., who represent blacks in land disputes, said it
receives new reports daily. And Heather Gray of the
Federation of Southern Cooperatives in Atlanta said her
organization has ``file cabinets full of complaints.''
AP's findings ``are just the tip of one of the biggest
crimes of this country's history,'' said Ray Winbush,
director of Fisk University's Institute of Race Relations.
Some examples of land takings documented by the AP:
After midnight on Oct. 4, 1908, 50 hooded white men
surrounded the home of a black farmer in Hickman, Ky., and
ordered him to come out for a whipping. When David Walker
refused and shot at them instead, the mob poured coal oil on
his house and set it afire, according to contemporary
newspaper accounts. Pleading for mercy, Walker ran out the
front door, followed by four screaming children and his wife,
carrying a baby in her arms. The mob shot them all, wounding
three children and killing the others. Walker's oldest son
never escaped the burning house. No one was ever charged with
the killings, and the surviving children were deprived of the
farm their father died defending. Land records show that
Walker's 2\1/2\-acre farm was simply folded into the property
of a white neighbor. The neighbor soon sold it to another
man, whose daughters owns the undeveloped land today.
In the 1950s and 1960s, a Chevrolet dealer in Holmes
County, Miss., acquired hundreds of acres from black farmers
by foreclosing on small loans for farm equipment and pickup
trucks. Norman Weathersby, then the only dealer in the area,
required the farmers to put up their land as security for the
loans, county residents who dealt with him said. And the
equipment he sold them, they said, often broke down shortly
thereafter. Weathersby's friend, William E. Strider, ran the
local Farmers Home Administration--the credit lifeline for
many Southern farmers. Area residents, including Erma
Russell, 81, said Strider, now dead, was often slow in
releasing farm operating loans to blacks. When cash-poor
farmers missed payments owned to Weathersby, he took their
land. The AP documented eight cases in which Weathersby
acquired black-owned farms this way. When he died in 1973, he
left more than 700 acres of this land to his family,
according to estate papers, deeds and court records.
In 1964, the state of Alabama sued Lemon Williams and
Lawrence Hudson, claiming the cousins had no right to two 40-
acre farms their family had worked in Sweet Water, Ala., for
nearly a century. The land, officials contended, belonged
to the state, Circuit Judge Emmett F. Hildreth urged the
state to drop its suit, declaring it would result in ``a
severe injustice.'' But when he state refused, saying it
wanted income from timber on the land, the judge ruled
against the family. Today, the land lies empty; the state
recently opened some of it to logging. The state's
internal memos and letters on the case are peppered with
references to the family's race.
In the same courthouse where the case was heard, the AP
located needs and tax records documenting that the family had
owned the land since an ancestor bought the property Jan. 3,
1874. Surviving records also show the family paid property
taxes on the farms from the mid-1950s until the land was
taken.
AP reporters tracked the land cases by reviewing deeds,
mortgages, tax records, estate papers, court proceedings,
surveyor, maps, oil and gas leases, marriage, records, census
[[Page H191]]
listings, birth records, death certificates and Freedmen's
Bureau archives. Additional documents, including FBI files
and Farmers Home Administration records, were obtained
through the Freedom on Information Act.
The AP interviewed black families that lost land, as well
as lawyers, title searchers, historians, appraiser,
genealogists, surveyors, land activists, and local, state and
federal officials.
The AP also talked to current owners of the land, nearly
all of whom acquired the properties years after the land
takings occurred. Most said they knew little about the
history of their land. When told about it, most expressed
regret.
Weathersby's son, John, 62, who now runs the dealership in
Indianoia, Miss., said he had little direct knowledge about
his father's business affairs. However, he said he was sure
his father never would have sold defective vehicles and that
he always treated people fairly.
Alabama Gov. Don Siegelman examined the state's files on
the Sweet Water case after an inquiry from the AP. He said he
found them ``disturbing'' and has asked the state attorney
general to review the matter.
``What I have asked the attorney general to do, ``he said,
``is look not only at the letter of the law but what is fair
and right.''
The land takings are part of a larger picture--a 91-year
decline in black landownership in America.
In 1910, black Americans owned more farmland that at any
time before or since--at least 15 million acres. Nearly all
of it was in the South, largely in Mississippi, Alabama and
the Carolinas, according to the U.S. Agricultural Census.
Today, blacks own only 1.1 million of the country's more than
1 billion acres of arable land. They are part owners another
1.07 million acres.
The number of white farmers has declined over the last
century, too, as economic trends have concentrated land in
fewer, often corporate, hands. However, black ownership had
declined 2\1/2\ times faster than white ownership, the U.S.
Civil Rights Commission noted in a 1982 report, the last
comprehensive federal study on the trend.
The decline in black landownership had a number of causes,
including the discriminatory lending practices of the Farmers
Home Administration and the migration of blacks from the
rural South to industrial centers in the North and West.
However, the land takings also contributed. In the decades
between Reconstruction and the civil rights struggle, black
families were powerless to prevent them, said Stuart E.
Tolnay, a University of Washington sociologist and co-author
of a book on lynchings. In an era when black Americans could
not drink from the same water fountains as whites and
black men were lynched for whistling at white women, few
blacks dared to challenge whites. Those who did could
rarely find lawyers to take their cases or judges who
would give them a fair hearing.
The Rev. Isaac Simmons was an exception. When his land was
taken, he found a lawyer and tried to fight back.
In 1942, his 141-acre farm in Amite County, Miss., was sold
for nonpayment of taxes, property records show. The farm, for
which his father had paid $302 in 1887, was bought by a white
man for $180.
Only partial, tattered tax records for the period exist
today in the county courthouse; but they are enough to show
that tax payments on at least part of the property were
current when the land was taken.
Simmons hired a lawyer in February 1944 and filed suit to
get his land back. On March 26, a group of whites paid
Simmons a visit.
The minister's daughter Laura Lee Houston, now 74, recently
recalled her terror as she stood with her month-old baby in
her arms and watched the men drag Simmons away. ``I screamed
and hollered so loud,'' she said. ``They came toward me and I
ran down in the woods.''
The whites then grabbed Simmons' son, Eldridge, from his
house and drove the two men to a lonely road.
``Two of them kept beating me,'' Eldridge Simmons later
told the National Association for the Advancement of Colored
People. ``They kept telling me that my father and I were
`smart niggers' for going to see a lawyer.''
Simmons, who has since died, said his captors gave him 10
days to leave town and told his father to start running.
Later that day, the minister's body turned up with three
gunshot wounds in the back, The McComb Enterprise newspaper
reported at the time.
Today, the Simmons land--thick with timber and used for
hunting--is privately owned and is assessed at $33,660.
(Officials assess property for tax purposes, and the
valuation is usually less than its market value.)
Over the past 20 years, a handful of black families have
sued to regain their ancestral lands. State courts, however,
have dismissed their cases on grounds that statutes of
limitations had expired.
A group of attorneys led by Harvard University law
professor Charles J. Ogletree has been making inquires
recently about land takings. The group has announced its
intention to file a national class-action lawsuit in pursuit
of reparations for slavery and racial discrimination.
However, some legal experts say redress for many land takings
may not be possible unless laws are changes.
As the acres slipped away, so did treasured pieces of
family history--cabins crafted by a grandfather's hand,
family graves in shaded groves.
But ``the home place'' meant more than just that. Many
blacks have found it ``very difficult to transfer wealth from
one generation to the next,'' because they had trouble
holding onto land, said Paula Giddings, a history
professor at Duke University.
The Espy family in Vero Beach, Fla., lost its heritage in
1942, when the U.S. government seized its land through
eminent domain to build an airfield. Government agencies
frequently take land this way for public purposes under rules
that require fair compensation for the owners.
In Vero Beach, however, the Navy appraised the Espys' 147
acres, which included a 30-acre fruit grove, two houses and
40 house lots, at $8,000, according to court records. The
Espys sued, and an all-white jury awarded them $13,000. That
amounted to one-sixth of the price per acre that the Navy
paid white neighbors for similar land with fewer
improvements, records show.
After World War II, the Navy gave the airfield to the city
of Vero Beach. Ignoring the Espys plea to buy back their
land, the city sold part of it, at $1,500 an acre, to the Los
Angeles Dodgers in 1965 as a spring training facility.
In 1999, the former Navy land, with part of Dodgertown and
a municipal airport, was assessed at $6.19 million. Sixty
percent of that land once belonged to the Espys. The team
sold its property to Indian River County for $10 million in
August, according to Craig Callan, a Dodger official.
The true extent of land takings from black families will
never be known because of gaps in property and tax records in
many rural Southern counties. The AP found crumbling tax
records, deed books with pages torn from them, file folders
with documents missing, and records that had been crudely
altered.
In Jackson Parish, La., 40 years of moldy, gnawed tax and
mortgage records were piled in a cellar behind a roll of
Christmas lights and a wooden reindeer. In Yazoo County,
Miss., volumes of tax and deed records filled a classroom in
an abandoned school, the papers coated with white dust from a
falling ceiling. The AP retrieved dozens of documents that
custodians said were earmarked for shredders or landfills.
The AP also found that about a third of the county
courthouses in Southern and border states have burned--some
more than once--since the Civil War. Some of the fires were
deliberately set.
On the night of Sept. 10, 1932, for example, 15 whites
torched the courthouse in Paulding, Miss., where property
records for the eastern half of Jasper County, then
predominantly black, were stored. Records for the
predominantly white western half of the county were safe in
another courthouse miles away.
The door to the Paulding courthouse's safe, which protected
the records, had been locked the night before, the Jasper
County News reported at the time. The next morning, the safe
was found open, most of the records reduced to ashes.
Suddenly, it was unclear who owned a big piece of eastern
Jasper County.
Even before the courthouse fire, landownership in Jasper
County was contentious. According to historical accounts, the
Ku Klux Klan, resentful that blacks were buying and profiting
from land, had been attacking black-owned farms, burning
houses, lynching black farmers and chasing black landowners
away.
The Masonite Corp., a wood products company, was one of the
largest landowners in the area. Because most of the land
records had been destroyed, the company went to court in
December 1937 to clear its title. Masonite believed it owned
9,581 acres and said in court papers that it had been unable
to locate anyone with a rival claim to the land.
A month later, the court ruled the company had clear title
to the land, which has since yielded millions of dollars in
natural gas, timber and oil, according to state records.
From the few property records that remain, the AP was able
to document that at least 204.5 of those acres had been
acquired by Masonite after black owners were driven off by
the Klan. At least 850,000 barrels of oil have been pumped
from this property, according to state oil and gas board
records and figures from the Petroleum Technology Transfer
Council, and industry group.
Today, the land is owned by International Paper Corp.,
which acquired Masonite in 1988, Jenny Boardman, a company
spokeswoman, said International Paper had been unaware of the
``tragic'' history of the land and was concerned about AP's
findings.
``This is probably part of a much larger, public debate
about whether there should be restitution for people who have
been harmed in the past,'' she said. ``And by virtue of the
fact that we now own these lands, we should be part of that
discussion.''
Even when Southern courthouses remained standing, mistrust
and fear of white authority long kept blacks, away from
record rooms, where documents often were segregated into
``white'' and ``colored.'' Many elderly blacks say they still
remember how they were snubbed by court clerks, spat upon and
even struck.
Today, however, fear and shame have given way to pride.
Interest in genealogy among black families is surging, and
some black Americans are unearthing the documents behind
those whispered stories.
``People are out there wondering: What ever happened to
Grandma's land?'' said Loretta Carter Hanes, 75, a retired
genealogist. ``They knew that their grandparents shed a lot
of blood and tears to get it.''
[[Page H192]]
Bryan Logan, a 55-year-old sports writer from Washington,
D.C., was researching his heritage when he uncovered a
connection to 264 acres of riverfront property in Richmond,
Va.
Today, the land is Willow Oaks, an almost exclusively white
country club with an assessed value of $2.94 million. But in
the 1850s, it was a corn-and-wheat plantation worked by the
Howlett slaves--Logan's ancestors.
Their owner, Thomas Howlett, directed in his will that his
15 slaves be freed, that his plantation be sold and that the
slaves receive the proceeds. When he died in 1856, his white
relatives challenged the will, but two courts upheld it.
Yet the freed slaves never got a penny.
Benjamin Hatcher, the executor of the estate, simply took
over the plantation, court records show. He cleared the
timber and mined the stone, providing granite for the Navy
and War Department buildings in Washington and the Capitol in
Richmond, according to records in the National Archives.
When the Civil War ended in 1865, the former slaves
complained to the occupying Union Army, which ordered
Virginia courts to investigate.
Hatcher testified that he had sold the planatation in
1862--apparently to this son, Thomas--but had not given the
proceeds to the former slaves. Instead, court papers show,
the proceeds were invested on their behalf in Confederate War
Bonds. There is nothing in the public record to suggest the
former slaves wanted their money used to support the Southern
war effort.
Moreover, the bonds were purchased in the former slaves'
names in 1864--a dubious investment at best in the fourth
year of the war. Within months, Union armies were marching on
Atlanta and Richmond, and the bonds were worthless pieces of
paper.
The blacks insisted they were never given even that, but in
1871, Virginia's highest court ruled that Hatcher was
innocent of wrongdoing and that the former slaves were owed
nothing.
The following year, the plantation was broken up and sold
at a public auction. Hatcher's son received the proceeds,
county records show. In the 1930s, a Richmond businessman
cobbled the estate back together; he sold it to Willow Oaks
Corp, in 1955 for an unspecified amount.
``I don't hold anything against Willow Oaks,'' Logan said.
``But how Virginia's courts acted, how they allowed the land
to be stolen--it goes against everything America stands
for.''
This research was compiled in a three-part series title Torn from the
Land, which detailed how blacks in America were cheated out of their
land or driven from it through intimidation, violence and even murder.
Some had their land foreclosed for minor debts. Still others lost their
land to tricky legal maneuvers, still being used today, called
partitioning, in which savvy buyers can acquire an entire family's
property if just one heir agrees to sell them one parcel, however
small.
Just like many blacks with roots in the South, I grew up hearing
stories of land lost by relatives and family friends. These stories
were so commonplace and pervasive that I worked with Penn Community
Center on St. Helena Island in South Carolina for many years before I
came to the Congress studying these land takings. To date, Penn Center
has collected reports of 2,000 similar cases that remain
uninvestigated. And there are other institutions around the South
collecting the same kind of information.
Mr. Speaker, just like the Crawfords and many other black families
with roots in the South, I grew up hearing stories of land lost by
relatives and family friends. These stories were so commonplace and
pervasive that I worked with the Penn Community Center on St. Helena
Island in Beaufort County, South Carolina, for many years before I came
to Congress, studying these land takings.
To date, Penn Center has collected reports of 2,000 similar cases
that remain uninvestigated. And there are other institutions around the
South collecting the same kind of information.
The question now is, Where do we go from here? What do we do with
this information? As with most legislators, my natural inclination is
to introduce a bill, but I do not think that is a proper response in
this instance, at least not at this time.
{time} 1915
Maybe later.
What I think is called for at this time is legal action. Harvard
professor Charles Ogletree, who has been at the forefront of the
reparations movement, has expressed an interest in pursuing a class
action lawsuit on behalf of African Americans who can document how
their families lost their land. Such a lawsuit should be filed, and it
should be funded and supported by the United States Government.
There are other instances in which blacks can prove that they have
been victimized, with the government's blessing, because of their race.
The case of Liberty Life Insurance Company comes to mind.
I have never been more proud of my home State of South Carolina than
I was a few weeks ago when the State Insurance Commission fined this
Greenville, South Carolina-based company $2 million and suspended its
license to sell insurance for at least 1 year because they charged
black citizens higher premiums than they did whites. This was a common
practice from the 1930s through the 1950s and was done with State
regulators' knowledge and approval. Some of those policies remain in
effect today, and the higher premiums were still being collected
through the end of last year. Liberty Life was not alone in this
practice, and there are many other insurance companies that must make
restitution for these egregious actions. The time has come for other
State governments to act and maybe the Federal Government as well.
I think the chances are very slim that African Americans will ever
receive reparations for the ills wrought by slavery, at least in the
traditional sense.
Trying to prove definitive ancestral links between contemporary
African Americans and slaves going back nearly four centuries will, in
most cases, be fruitless. Unlike holocaust survivors or Japanese
Americans who were interned during World War II, there are few reliable
records on slaves brought to America. Instead, I urge African Americans
all across this country to begin gathering evidence about State-
sanctioned discriminatory practices like land-takings and insurance
overcharges. These are battles we can fight now, and the Congressional
Black Caucus is committed to helping them win.
Mr. Speaker, I would like to now yield the floor to the distinguished
gentlewoman from North Carolina (Mrs. Clayton).
ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE
The SPEAKER pro tempore (Mr. Johnson of Illinois).
Without objection, the gentlewoman from North Carolina will control
the remainder of the hour.
Mrs. CLAYTON. Mr. Speaker, I want to thank the gentleman from South
Carolina for his leadership and for joining with me and in calling this
Special Order. A number of our colleagues will join us and participate.
We are honored to have the gentleman from North Carolina (Mr. Watt),
and I will yield to him now.
Mr. WATT of North Carolina. Mr. Speaker, I thank the gentlewoman for
yielding time to me to make a statement regarding a matter that I
regard as a problem of epidemic proportions. I want to thank the
gentlewoman from North Carolina (Mrs. Clayton) and the gentleman from
South Carolina (Mr. Clyburn) for organizing this Special Order to deal
with a very, very serious problem.
The gentleman from South Carolina (Mr. Clyburn) has approached this
from an historical perspective, and I admire him for doing that. There
are many, many, many instances of just absolute overt, fraudulent, or
scheming, or illegal takings of property that can be documented
throughout the annals of history, takings of property from African
American families who had struggled and worked so hard to acquire
property. I subscribe to the gentleman's belief that those issues can
be addressed and should be addressed and identified and addressed
through legal action, and I hope that Professor Ogletree and other
members of the legal profession will proceed with efforts to do that.
There perhaps is not, except for slavery itself and the deprivation
of voting rights of African Americans, not a greater epidemic or
problem than the loss of land, particularly in the South, from African
American ownership. It is estimated that at one point in our history,
African Americans owned approximately 15 million acres of land in the
South. The estimates now indicate that that land ownership is down to
approximately 2 million acres.
Now, there are many reasons for that, and the gentleman from South
Carolina (Mr. Clyburn) has identified the overt historical reasons for
it, but in addition to that, and this is where I want to pick up and
bring it on up to
[[Page H193]]
date in a slightly different context so that we understand fully the
issues that we are involved with, in addition to direct taking of
property, swindling, fraudulent taking, intimidation of landowners and
their families so that they would leave their property behind, and that
property then being claimed by members of the majority race, there are
other things that have contributed to this, and I want to talk about
some of them.
They, on their face, do not always seem like they are racially
motivated. I want to be careful to say that these are not racist plots
that I am talking about; they are race-neutral in their application,
but they are not race-neutral in the impact that they have. They have a
disparate impact on black land ownership. I want to talk about a few of
those.
First of all, there is this concept of eminent domain. That is a
race-neutral principle that the government uses to acquire property for
public purposes. But historically, if one goes back and looks, eminent
domain has been used disproportionately to deprive black landowners of
their property than it has been used to deprive white landowners of
their property. The reason for that is that typically, property that
has been owned by black landowners has been lower in value. When the
government needs to take property for a public purpose, it wants to
spend as little money as it can spend to accomplish that public
purpose, so they go and try to acquire the land that has the lowest
economic value. Or, the government will say, well, if we go to a
certain section of town and start to acquire property, then we will
meet with greater political opposition, so we should go through the
parts of the community where we will get the least amount of political
resistance.
So it is not accidental that when one drives down an interstate
highway, many of those interstate highways go from city to city to
city, but one of the things that they have in common is that they
typically go through minority communities, splitting them right in half
in many instances. The reason for that is because property values were
lower in those communities where the acquisitions were being made, and
that was the course of the least political resistance to the taking.
So eminent domain, a race-neutral concept, has a racially disparate
impact, and that has been a method by which black landowners have been
deprived of land.
The whole concept of heir property and partition of property, again,
is a race-neutral principle that in its application has a disparate
impact on minority landownership. Minority families have historically
had larger families. Many of them have left the South; the kids have
left the South, gone to the North, spread out all over the country, and
when their parents die, they die without a will, and the land becomes
heir property. We have 10 children that become owners, none of them
have real ownership because they do not have any real connection to the
property, so there are disputes that develop about whether the property
gets divided. Typically it does not get divided, it gets sold to people
who will pay lesser value for it. Or it gets sold because the taxing
authorities take it and sell it. Because 10 people have an interest in
the property, no single one of them wants to assume the burden of
paying the taxes on that property.
I daresay that there is not a Member of the Congressional Black
Caucus who does not have some history in their own family or in their
community of people who have been deprived of ownership of land in this
way, through heir property, through lack of wills, through eminent
domain, through partition actions that turned out to be sales actions,
and the beat goes on.
So how do we get from 15 million acres of land owned by minorities in
the South down to 2 million acres? We have overt, racist, intimidating
acts of the kind that the gentleman from South Carolina (Mr. Clyburn)
described, and we have race-neutral, innocent-sounding acts like
eminent domain and partition and tax sales that have a racially
disparate impact on land ownership.
What the Congressional Black Caucus is intent on doing is trying to
bring more attention to this; trying to educate the public that that is
a problem of epidemic proportions, so that minority individuals
understand the value of land. When I was growing up, when I got a
little bit older, my parents used to say to me, land is the only
commodity that the Lord is not going to make any more of. There will
not be any more land made. So when you lose land, you have lost
something of value. So we are trying to get that message out to the
public in African American communities, and we are trying to understand
and let other people understand the epidemic proportions of what we are
about.
I think we have the historical part of it now and the present-day
part of it, and I am sure there are many other aspects to this, but
there are other people here to talk about them. So I want to yield back
to the gentlewoman from North Carolina (Mrs. Clayton). I want to thank
her and my colleague, the gentleman from South Carolina (Mr. Clyburn)
again, for reserving this time so that we can shine a light on this
problem that has epidemic proportions in this country, in the history
of this country, and even continuing today in sinister ways that people
do not understand.
{time} 1930
Mrs. CLAYTON. Mr. Speaker, I want to thank the gentleman from North
Carolina (Mr. Watt) and thank him for his sharing of knowledge. It does
not have to be overt. Again, there are areas that are neutral that have
devastating impact on minority communities: the issue of eminent
domain, the issue of petitioning, the issue of sales. All of those fine
ways of dispossessing or taking wealth away from people who they
thought otherwise would have it. I do thank him for sharing that with
us.
We are joined by someone who is a strong advocate for these issues.
He has been an associate in the battlefield, the gentleman from the
great State of Mississippi (Mr. Thompson).
Mr. THOMPSON of Mississippi. Mr. Speaker, I thank the gentlewoman
from North Carolina (Mrs. Clayton).
I join the gentleman from North Carolina (Mr. Watt) and the gentleman
from South Carolina (Mr. Clyburn) in this effort to bring to this
country's attention the serious problem associated with black land loss
in America.
Mr. Speaker, I rise today to talk about land loss in the black
community. A recent Associated Press investigative report titled ``Torn
From the Land'' documented how land has been unjustly taken from
African Americans over the years and alerted the world to the alarming
declining trend in black land ownership. America's seventh President,
Andrew Jackson, said in his July 10, 1832, bank veto message to the
United States Senate, ``Every man is entitled to protection by laws.
But when the laws undertake to add artificial distinctions, to grant
titles, gratuities, and exclusive privileges, to make the rich richer
and the potent more powerful, the humble members of society, the
farmers, mechanics, and laborers, who have neither the time nor the
means for securing like favor to themselves, have a right to complain
of the injustice of their government.''
Unfortunately, at the time these words were uttered they were not
applicable to African Americans. However, even Andrew Jackson, a white
Southern aristocrat and slave owner himself, realized that in order for
this Nation to be a great place, our Nation's resources must be equally
distributed among all classes of Americans. And also he knew the
importance of all individuals having the means to file and advocate
grievances against the government when they felt they have been dealt
an injustice.
Since Reconstruction, the plight of African Americans is by far no
secret. It is a disgraceful past that has undoubtedly tarnished
America's rich history. All of her life Ms. Delores Barclay, currently
an AP reporter, heard random stories from blacks that went along the
lines of, ``My grandparents had some land but we do not know what
happened to it.'' After hearing stories of this nature time and again,
Ms. Barclay decided that perhaps she should just not dismiss them as
they had in the past as some sort of mysterious urban legend; but
instead she took and looked into these claims to see if they could be
substantiated. She decided to team up with a few colleagues; and thanks
to their hard work and dedication to uncovering the truth, what
followed was an investigation
[[Page H194]]
which covered an 18-month period including interviews with more than
1,000 people and the examination of tens of thousands of old fragile
public records.
The results of this investigation, Mr. Speaker, should disturb all
Americans. The investigation documented 107 land takings in 13 Southern
and border States. In those cases alone, 406 black land owners lost
more than 24,000 acres of farm and timber land, plus 85 smaller
properties including stores and city lots valued at tens of millions of
dollars.
How did these injustices happen? Most of these land-takings occurred
in the decade between Reconstruction and the civil rights struggle when
black families were powerless to prevent them, a time when black
families could not drink from the same water fountains as whites and
the fear of being lynched was always present. More than half of these
cases, the Associated Press documented, 57 to be exact, were violent
land-takings where black land owners were attacked by whites who just
wanted to drive them off their land. In other cases, trickery, legal
manipulations, and discriminatory lending practices can be attributed
to land losses suffered by black families.
Imagine yourself as a black farmer in Mississippi in the 1950's or
1960's. You own some of the best agriculture land in the State. What
you do not have, however, is the cash needed to plant and harvest this
year's crop. What do you do? Well, you do what many Americans do when
they need money for their businesses, you borrow it. But suppose the
local banks and the Farmers Home Administration do not particularly
care for your lending or want to lend you money. You are left with one
choice. To finance your business you go to a prominent businessman in
the community and ask for money. In return for the loan, however, you
are required to put up the entire farm as collateral.
At harvest, the crop prices are low and you come up short on paying
off your loan and the lender forecloses and takes your entire farm. The
farm that you planned to pass on to your children is lost. The scenario
I just described, Mr. Speaker, was not unusual in the South during the
1950's and 1960's. The Associated Press documented eight cases where
land was acquired in this very manner by single prominent businessmen.
This particular individual acquired nearly 700 acres of black-owned
land in exchange for used pickups and farm equipment.
Mr. Speaker, for those that have lost land, that have lost so much
more than simply monetary value of this land, they have lost the
availability to pass down such a valuable asset to future generations.
Land ownership is the ladder to respect and prosperity, the means to
building an economic security and passing wealth on to the next
generations. For those black families that have lost that land, they
have lost all of this. And for those black Americans that are being
repressed from becoming land owners, they are being robbed of the
American dream. I sincerely hope all Americans become aware of these
injustices and do what they can individually and collectively to right
this wrong.
Mr. Speaker, I compliment the gentlewoman from North Carolina (Mrs.
Clayton) again on getting this time to highlight this important issue.
Mrs. CLAYTON. Mr. Speaker, the gentleman from Alabama (Mr. Hilliard)
is a member of the Committee on Agriculture and has been a strong
advocate for wealth accumulation and for protection of land and
agriculture needs, and we are delighted to have him join us.
Mr. HILLIARD. Mr. Speaker, let me first of all congratulate the
gentlewoman from North Carolina (Mrs. Clayton) for this colloquy and
for putting this together.
It is very important that we realize, Mr. Speaker, that historically
blacks have had their lands taken by many different individuals and by
corporations and, of course, by government. Our attention primarily
during this colloquy is focused on the taking of the land by
government. And it is not just the local government we speak of, but
land is taken by many governments, cities, towns, counties, and, of
course, our States. Generally, it is taken by the use of two vehicles.
The first one is eminent domain.
Primarily, eminent domain is a legal term in which the State, the
city or the county has the right to acquire lands for public use or for
public purposes; but in the law it states public use. That means for
some use like sewers, perhaps, or for some type of facility that
benefits the entity itself, the building of city hall, some school or
some library. That is public use. Unfortunately, many States, cities,
and counties have used eminent domain in such a way as to deprive
blacks and African Americans of their lands in so-called legal ways or
in a legal instance.
Unfortunately, we look at the situation now as we speak, we find that
in Mississippi land is being taken under the guise of eminent domain
from farmers now. And the use of the property will be to build a Nissan
plant. Well, that is not public use. That is private use. So African
Americans' land at this time as we speak is being taken for private use
under the guise of eminent domain.
The second way in which government takes property is through the
process of tax reassessment. And in many instances the property taxes
are run up to the extent that it is very difficult for the individuals
to pay. Let me give you an example. In many coastal areas in South
Carolina, in Alabama, Florida, and Mississippi blacks own land. And
during the early 1970's and 1980's the coastal lands, for whatever
reason, became very popular; and they started building hotels,
restaurants and other types of facilities in the so-called resort
areas, and of course, what happened?
Whenever anything new was built, the surrounding property would be
reevaluated and taxes would be assessed based upon whatever is there, a
hotel, a restaurant or whatever it is. And of course that would make
the taxes very expensive. So we realize that situation in Alabama. So
we came up with the theory of current use, and we said that land should
be taxed not at the surrounding values of other land but the current
use.
The reason why we came up with that is because we had to protect not
only African Americans but even poor whites. Unless we correct the
situation that is inherent in our laws, we will find that it not only
affects African Americans but that it affects other Americans. Freedom
is not free unless it extends to everyone everywhere. If for one minute
we let our guard down, if for one minute we let anyone take advantage
of anyone else, pretty soon they will take advantage of us.
Mr. Speaker, it is incumbent upon us as legislators to do our job and
to make sure we redefine legal terms so that they will be expressive of
the rights of people and so that people will understand fully what
their rights are so that they may protect them.
Let me again thank the gentlewoman from North Carolina (Mrs.
Clayton).
Mrs. CLAYTON. Mr. Speaker, I thank the gentleman for bringing that
information, and I also just want to ask him to restate the actions of
Alabama recently. I gather that is a recent decision, that they have
now decided to make sure that the value of land is the current use
rather than the traditional use?
Mr. HILLIARD. No, current use rather than the value of surrounding
lands.
Mrs. CLAYTON. Surrounding land. Is that recent?
Mr. HILLIARD. That is the law currently.
Mrs. CLAYTON. When did that happen?
Mr. HILLIARD. When I was in the Alabama House of Representatives,
somewhere in the late 1970's, somewhere around 1978, 1979.
Let me say this, that is very important because as we find our
suburban areas expanding, in many instances shopping centers are built
3 and 4 miles outside of the city or outside of the suburban area
surrounded by a wooden area, by woods, trees or by farms.
{time} 1945
If you really evaluate the farmland based upon what it is near, of
course it is going to carry the value of the shopping center, and of
course the farmers do not make the kind of money that the shopping
centers do. So they do not have the opportunity, the farmers, to pay
those kind of taxes, and that is one way, through a reassessment, that
land has been taken in the past by government.
Mrs. CLAYTON. I thank the gentleman from Alabama (Mr. Hilliard)
[[Page H195]]
for sharing that with us and making that clear in terms of what the
State of Alabama has done.
General Leave
Mrs. CLAYTON. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks on this special order.
The SPEAKER pro tempore (Mr. Johnson of Illinois). Is there objection
to the request of the gentlewoman from North Carolina?
There was no objection.
Mrs. CLAYTON. Mr. Speaker, we are raising the issue tonight of land
loss by Afro-Americans or blacks, and this issue was raised to us as a
result of the AP series. The AP series was a 3-part, 10-article series
plus graphics. It was published in December, and it was published all
across the United States. Many of us knew that this was happening, but
because this had such wide distribution, the gentleman from South
Carolina (Mr. Clyburn) brought to our attention that this was an
opportunity to raise this issue in a concerted way.
This issue is not just confined to Afro-Americans or blacks who live
in the South; as the series articles clearly stated, that those who
lived in the North had no guarantee that their lands would not be
taken, also.
So what are we talking about? What is this all about? This is about
raising the consciousness that historically there has been a practice
overtly, in some ways benignly, both through illegal means and through
legal means, the taking of land.
My colleagues heard the gentleman from North Carolina (Mr. Watts) and
the gentleman from Alabama (Mr. Hilliard) talk about the color of law,
that it is not necessarily racial, it is not illegal in terms of
petitioning. It is not illegal in terms of eminent domain, it is the
application of that. So the color of law, even those things that are
within our legal system has an impact of moving or dispossessing
citizens, and Afro-Americans particularly, from their land.
Why is this important? Well, land is wealth. The dignity of owning a
piece of land or owning a home is what defines a person and his family,
of owning something that his family can share. In the rural South
owning land not only allowed someone to have their plot of land, but
allowed someone, if they were a farmer, to produce and make income on
the land. So the land not only was a place of pride and citizenship and
respectability, but also was a source of income.
We heard reference to the fact that our own records show in U.S.
agriculture that we owned over 15 million acres of land and actually
own something less than 2 million acres of land now. What has happened?
That has not just been a shift of land through legal means. Those have
also been through illegal means. It means that from 15 million acres
now to 2 million or less than 2 million acres, the same amount of, even
more, have less. So the wealth has been reduced to a very minimum.
We have very small plots of lands, farmers trying to subsist. They
are trying to use that land to be a productive source of income.
So it is important that we understand that the taking of the land is
not only a historical event. We are very appreciative of the AP series.
Mr. Speaker, I also enter into the Record additional articles that the
AP press has published.
Black Farmers: A Vanishing Way
By 1910, black Americans had amassed more land than at any
other time in this country's history--at least 15 million
acres, according to the U.S. Agricultural Census. Black owned
farms, however, tended to be undercounted because the census
tallied only larger farms that were producing crops. Black
landownership tapered off after World War I, and plunged in
the 1950s. Today, blacks are full owners of just 1.1 million
of the more than 1 billion acres of arable land in the United
States.
____
History Up in Smoke
Any investigation relying on historical land records in the
South is complicated by the widespread loss of documents
stored in county courthouses. Storms, floods and neglect have
taken their toll on these collections of deeds, tax records
and estate papers. But fires--both accidental and
intentional--have caused the most damage to these
repositories of land history, since the mid-1800s.
____
The Lynching Trail
Racial violence in America is a well-told story. But the
importance of land as a motive for lynchings has gone largely
overlooked. Historians say prosperous blacks--and black
landowners--often became targets of white lynch mobs, whose
attacks could trigger an exodus of blacks. ``If you are
looking for stolen black land,'' says Ray Winbush, director
of Fisk University's Race Relations Institute, ``just follow
the lynching trail.'' More than 3,000 blacks were lynched
between 1865 and 1965, according to the Tuskegee Institute
and the NAACP. This map shows lynchings confirmed by
researchers who worked from a list begun by the Chicago
Tribune in 1882, and later expanded upon by the NAACP and
Tuskegee.
____
Developers and Lawyers Use a Legal Maneuver To Strip Black Families of
Land
(By Todd Lewan and Dolores Barclay)
Lawyers and real estate traders are stripping Americans of
their ancestral land today, simply by following the law.
It is done through a court procedure that is intended to
help resolve land disputes but is being used to pry land from
people who do not want to sell.
Black families are especially vulnerable to it. The
Becketts, for example, lost a 335-acre farm in Jasper County,
S.C., that had been in their family since 1873. And the
Sanders clan watched helplessly as a timber company recently
acquired 300 acres in Pickens County, Ala., that had been in
their family since 1919.
The procedure is called partitioning, and this is how it
works:
Whenever a landowner dies without a will, the heirs--
usually spouse and children--inherit the estate. They own the
land in common, with no one person owning a specific part of
it. If more family members die without wills, things can get
messy within a couple of generations, with dozens of
relatives owning the land in common.
Anyone can buy an interest in one of these family estates;
all it takes is a single heir willing to sell. And anyone who
owns a share, no matter how small, can go to a judge and
request that the entire property be sold at auction.
Some land traders seek out such estates and buy small
shares with the intention of forcing auctions. Family members
seldom have enough money to compete, even when the high bid
is less than market value.
``Imagine buying one share of Coca-Cola and being able to
go to court and demand a sale of the entire company,'' said
Thomas Mitchell, a University of Wisconsin law professor who
has studied partitioning. ``That's what's going on here.''
This can happen to anyone who owns land in common with
others; laws allowing partition sales exist in every state.
However, government and university studies show black
landowners in the South are especially vulnerable because up
to 83 percent of them do not leave wills--perhaps because
rural blacks often lack equal access to the legal system.
Mitchell and others who have studied black landownership
estimate that thousands of black families have lost millions
of acres through partition sales in the last 30 years.
``It's the all-time, slam-dunk method of separating blacks
and their land,'' said Jerry Pennick, a regional coordinator
for the Federation of Southern Cooperatives, which provides
technical and legal support to black farmers.
By the end of the 1960s, civil rights legislation and
social change had curbed the intimidation and violence that
had driven many blacks from their land over the previous 100
years. Nevertheless, black land loss did not stop.
Since 1969, the decline has been particularly steep. Black
Americans have lost 80 percent of the 5.5 million acres of
farmland they owned in the South 32 years ago, according to
the U.S. Agricultural Census.
Partition sales, Pennick estimates, account for half of
those losses.
A judge is not required to order a partition sale just
because someone requests it. Often, there are other options.
When the property is large enough for each owner to be
given a useful parcel, it can be fairly divided. When those
who want to keep the land outnumber those who want to sell,
the court can help the majority arrange to buy out the
minority. In at least one state, Alabama, the law gives
family members first rights to buy out anyone who wants to
sell.
Yet, government and university studies show, alternatives
to partition sales are rarely considered. When partition
sales are requested, judges nearly always order them.
``Judges order partition sales because it's easy,'' said
Jesse Dukeminier, an emeritus professor of law at the
University of California at Los Angeles. Appraising and
dividing property takes time and effort, he said.
Partition statutes exist for a reason: to help families
resolve impossible tangles that can develop when land is
passed down through several generations without wills.
In Rankin County, Miss., for example, the 66 heirs to an
80-acre black family estate could not agree on what to do
with the land. One family member, whose portion was the size
of a house lot, wanted her share separate from the estate.
Three other heirs, who owned shares the size of parking
spaces, opposed dividing the land because what they owned
would have become worthless. So, in 1979, the court ordered
the land sold and the proceeds divided.
Even when the process works as intended, it contributes to
the decline in black-owned
[[Page H196]]
land; the property nearly always ends up in the hands of
white developers or corporations. The Rankin County land was
bought at auction by a timber company.
But the process doesn't always work as intended. Land
traders who buy shares of estates with the intention of
forcing partition sales are abusing the law, according to a
1985 Commerce Department study.
The practice is legal but ``clearly unscrupulous,''
declared the study, which was conducted for the department by
the Emergency Land Fund, a nonprofit group that helped
Southern blacks retain threatened land in the 1970s and '80s.
Blacks have lost land through partitioning for decades; the
AP found several cases in the 1950s. But in recent years, it
has become big business. Legal fees for bringing partition
actions can be high--often 20 percent of the proceeds from
the land sales. Families, in effect, end up paying the fees
of the lawyers who separate them from their land.
Moreover, black landowners cannot always count on their own
lawyers. Sometimes, the Commerce Department study found,
attorneys representing blacks filed partition actions that
were against their client's interests.
The AP found several cases in which black landowners,
unfamiliar with property law, inadvertently set partition
actions in motion by signing legal papers they did not
understand. Once the partition actions began, the landowners
found themselves powerless to stop them.
The Associated Press studied 14 Partition cases in detail,
reviewing lawsuit files and interviewing participants. The
cases stretched across Southern and border states.
Each case was different, each complicated, with some taking
years to resolve. In nearly every case, the partition action
was initiated by a land trader or lawyer rather then a family
member. In most cases, land traders bought small shares of
black family estates, sometimes from heirs who were elderly,
mentally disabled or in prison, and then sought partition
sales.
All 14 estates were acquired from black families by whites
or corporations, usually at bargain prices.
Migrations that have scattered black families increase
their vulnerability to partition actions. Historians say
those who fled the South seldom spoke of the lives they left
behind. Their descendants may not realize they have inherited
small shares of family property and have no attachment to the
land. All a land trader has to do is find one of them.
Some families have hired attorneys and tried to fight back.
However, said Mitchell, the Wisconsin law professor, ``the
families nearly always lost.''
To understand how partition sales work in practice, it is
useful to begin with a relatively simple one.
The case of the Marsh family of Northern Louisiana contains
the three typical elements: land passed down without wills,
black landowners unfamiliar with property law and a white
businessman who saw an opportunity and took it. But it has
few of the complications that can make partition cases
difficult to allow.
Louis Marsh, a freed slave, accumulated 560 acres in
Jackson Parish in the decades after the Civil War. When he
died without a will in 1906, his children inherited the land.
They owned it in common until 1944, when they asked the court
to divide it.
The Court gave six siblings 80 acres each, court records
show. The final 80 acres would have gone to their brother,
Kern Marsh, but he had fled Louisiana after killing a man.
So, the court decided, Louise Marsha's children would
continue to own that share in common.
With the family's permission, one of the siblings, Albert
Marsh, farmed those extra 80 acres along with his own share.
As 20 years passed with no sign of Kern Marsh, the family
care to think of all 160 of those acres as Albert Marsh's
land. Family members said they expected it would be passed
down to Albert's children when he died.
That's not what happened.
On April 11, 1955, about the time oil rings were appearing
on neighboring property, Albert Marsh died without a will.
Not long after, a white oil man named J.B. Holstead purchased
an 11.4-acre interest in the extra 80 acres. The seller was
one of Albert Marsh's nephews, Leon Elmore, who was one of
Albert Marsh's nephews, Leon Elmore, who has since died.
The deed, filed on Aug. 13, 1955 says Elmore was paid $100
cash and other consideration--a used truck, according to
Elmore's son, Leon, Jr.
Three days later, Holstead filed for a partition sale of
the 80 acres.
Six days after that, a judge sorted out who owned shares in
the 80 acres. Because the 1944 partition had left that land
as common property of Louis Marsh's children, the true owners
were his 23 living descendants, the judge decided. Leon
Elmore was among them, giving him the right to sell his share
to Holstead.
The Marshes did not understand what was happening and did
not have a lawyer, said Albert Marsh's son, Alvie, 86.
Besides, he said, challenging a white businessman in the
1950's ``never entered your mind--'less you wanted the
rope.''
On Nov. 15, 1955, the same judge granted Holstead's request
for a partition sale. Court costs, plus a $250 fee to
Holstead's lawyer, were to be paid from the proceeds.
At the Jan. 21, 1956, auction, Holstead bought the 80 acres
for $6,400. He quickly sold the land and the oil and gas
rights for unspecified amounts, records show.
The land changed hands several times before being acquired
in 1996 by Williamette Industries Inc., a wood-products
company. A company spokeswoman said Williamette was unaware
of the land's history.
Holstead is dead; his son, John Holstead, a Houston lawyer,
said he was unaware of the case. When it was described to
him, he said: ``All of the legal procedures of Louisiana law
were followed.''
Alvie Marsh believes that land was taken unfairly. ``I've
lived with that for 45 years;'' he said.
Today, he lives in a shack on that part of the estate his
family was able to keep.
Things were more complicated when a South Carolina real
estate trader went after two tracts owned by different
branches of the Beckett family in the 1990s.
In 1990, Audrey Moffitt sought a 335-acre estate in Jasper
County, S.C., that had been owned by the family since 1873.
Frances Beckett, a 74-year-old widow with a fourth-grade
education, was one of 76 heirs to the estate. According to
court papers, she was bedridden with cancer; her doctor had
given her three months to live.
The dying women accepted Moffitt's offer of $750 for her 1/
72 interest--worth $4,653, according to a subsequent
appraisal by J. Edward Gay, a real estate consultant. An
appeals court would later call it the only ``true'' appraisal
of the property.
Moffitt then bought out six others heirs for a total of
$6,600, court papers show.
Among them, she paid Edward Stewart, 88, a man with no
formal education, and Flemon Woods, 80, with a third-grade
education, a combined $5,800 for their one-sixth interest. It
was worth $55,833, according to Gay's appraisal.
Moffitt filed her partition action in January 1991. Beckett
family members counter-sued, alleging Moffitt had secured the
elderly heirs' signatures without the presence of a notary. A
special referee in the Court of Common Pleas ruled that the
estate be sold.
The property was broken into two pieces that were auctioned
separately. Fifty acres were purchased for $75,000 at a
December 1991 sale by John Rhodes, a real estate broker from
nearby Estill, and his mother, Florence. Of this, $12,864
went to Moffitt for her shares and nearly $20,000 was taken
for court costs, leaving $42,331 for the family.
Today, Rhodes and his siblings own the tract, which is
assessed at $200,000. Moffitt bought the remaining 285 acres
for $146,000 in February 1992. (That included $24,338 she
paid to herself for her own shares.)
Two years later, however, an appeals court ruled that the
signatures of the elderly Beckett heirs were obtained
illegally. The court also cited uncontested evidence that
Moffitt or her partner had led Edward Stewart to believe he
was selling a right of way, led Frances Beckett to believe
she was selling timber rights and led Flemon Woods to believe
he would be liable for substantial back taxes if he did not
sell.
The court characterized Moffitt's dealings with the three
elderly family members as ``unconscionable.'' When Moffitt
paid an additional $45,075 for the shares, however, the court
validated the partition sale.
With the additional payment, Moffitt's outlay for the land
totaled $198,425, court papers show. Deduct the $37,202 she
received from the partition sales for her own shares of the
estate, and her true outlay was $161,223.
Moffitt has since broken up the property and resold it to a
locally prominent family and several area businesses,
property records show. In one transaction, she swapped part
of the old Beckett land for an adjoining piece of property,
which she then sold.
Her proceeds from these sales, property records show, total
$1,708,117--nearly 11 times what she paid for the property.
``They basically just ran these people out,'' said Bernard
Wilburn, an Ohio lawyer who represented several Beckett
heirs.
This wasn't the only time the Becketts encountered Moffitt.
In 1991, she paid heirs on another side of the family
$2,775 or a one-fifth interest in 50 acres of undeveloped
land along State Highway 170 in Beaufort County, S.C.--the
main link between Savannah, Ga., and the resort island of
Hilton Head. The following year, Moffitt filed for partition,
forcing the 42 heirs into court.
The family knew what was coming because of what was
happening to their relatives, so they negotiated a
settlement. They allowed Moffitt to pick out the best 10.4
acres of the estate in return for dropping the partition
action.
Moffitt didn't keep the land long. Records show that in
October 1998 the state paid her $17,000 for a roadway
easement of less than an acre. In January 1999, she sold the
rest to a Methodist church for $200,000.
In all, she received $217,000 for land she had purchased
for $2,775.
``You can't buck these big-money developers,'' said family
member William Jackson, a retired math teacher. ``You are
most times forced to settle for less than what your property
is worth.''
Moffitt, of Varnville, S.C., did not return phone calls but
replied in writing to a letter requesting comment. Apparently
limiting her remarks to the larger Beckett property, she
defended the dealings described as ``unconscionable'' by the
court, calling her payments to the elderly Beckett's ``fair
value.''
She characterized the Beckett ownership as ``a convoluted
mess'' that made the land unmarketable. She added: ``The
heirs could have done for themselves what I did, but for
[[Page H197]]
generations had not done so. It is difficult sometimes to get
two people to agree; getting 30 or 40 or more people all to
agree to sell or keep and use their property would be
virtually impossible, in my experience.
More complicated still is the story of the Sanders estate
in Pickens County, Ala.
M.L. Wheat of Millport, Ala., wanted to buy the 300 acres
of timberland that had been in the Sanders family for 83
years. In early 1996, he talked price with one of the owners,
Ivene Sanders. They met in the office of Wheat's lawyer,
William D. King IV. When Wheat learned that buying the land
would require reaching agreement with about 100 heirs, he
backed away from the deal.
Then, in May of that year, the story took a turn.
King, who had represented Wheat, filed a partition action
on behalf of 35 members of the Sanders family, naming other
heirs as defendants.
Only two family members signed the complaint seeking the
sale: Ivene Sanders, now 72, with a fourth-grade education,
and his cousin, Archie Sanders, now 75, with a third-grade
education. Court papers show both later insisted they did not
understand what they were signing.
Ivene Sanders told the AP he thought he was authorizing
King only to determine the size of each family member's
share.
Several family members King listed as plaintiffs turned out
not to own shares. All but five of the plaintiffs who did own
shares joined Ivene and Archie Sanders in filing papers
stating that they had not authorized King to pursue the
partition action.
Several hired another lawyer to try to stop the sale.
The AP could find nothing in the record indicating the
wishes of the other five plaintiffs. One, Emma Jeann Sanders,
told the AP she had never hired King. Another, Lillie Velma
Gregory, was too ill to be interviewed, but her daughter,
Fentris Miller Hayes, said her mother had not hired King.
Another is now dead. The other two could not be located.
Whose interest was King representing as he pursued the
partition action for more than two years? King would not
comment beyond saying that the record speaks for itself.
As the case went on, the number of family members being
sued to force the sale reached 78. Of these, 18 did not
object to the sale, according to the judge. In fact, in the
case's final year, the judge decided that seven of them were
no longer defendants, but plaintiffs.
Five of those seven then filed objections to the sale, too.
Family members who took a position on the sale--plaintiffs
and defendants alike--were overwhelmingly opposed, court
records show. Some said they never wanted the family land
sold. Others, including Ivene and Archie Sanders, said that
if they were to sell, they would want to do so privately
rather than risk a low winning bid at a court-ordered
auction.
Nevertheless, Circuit Court Judge James Moore ordered an
auction. The Melrose Timber Co., Inc., bought the property on
Nov. 24, 1998, for $505,000, court papers show.
It was not a bad price, but the family did not get all the
money. King collected $104,730 in fees and expenses--about 20
percent of the sale proceeds. After court costs were
deducted, $389,170 remained to be divided among 96 heirs,
some of whom incurred thousands of dollars in legal fees
fighting the sale.
Some family members wanted to appeal but decided they could
not afford the legal fees, said Ivene Sander's niece, Eldessa
Johnson, 50, of Southfield, Mich.
King, reached at his Office in Carrollton, Ala., said: ``I
have no additional comments, other than what is in the
record. . . . I have nothing to hide. This case has been
well litigated.''
Moore said partitioning laws, intended to protect
landowners, are often used against them and may need
revision. However, he said, once the partition request was
filed, he approved it largely as a matter of routine.
In his three-county rural circuit, he said, two or three
such cases are going on all the time. Most, he said, involve
black families.
____
With Help From Their White Lawyer, a Black Mississippi Family Loses a
Farm
(By Todd Lewan)
Carthage, Miss. (AP).--For years, Turf Smith lived alone in
a cabin in the woods, serving as caretaker of a 158-acre
estate shared by 25 family members who were scattered around
the country.
He had long wanted to carve out 2 acres for himself to
build a new house, said two of his children, Quille and Gene
Smith. But, families being as they are, one of his relatives
would not agree.
A white lawyer heard of Smith's plight, his children said.
The lawyer told the elderly black farmer he could help by
asking a judge to partition the property, giving family
members separate titles to their allotted shares. Smith, who
is now dead, agreed.
However, the petition the lawyer filed on Turf Smith's
behalf asked the court to sell the entire estate at auction
if it could not be divided fairly among the heirs. The sale
of the entire estate, Smith's children said, was not
something he planned or imagined would happen.
Court records show that many heirs to the property never
responded to the suit. The family, mostly rural folk, was
widely scattered, Quillie and Eugene Smith said. They didn't
understand what was happening or have the money to hire a
lawyer to fight it.
The judge who heard the case appointed three special
commissioners to determine what should be done. County
records show that one of the panel members, Lynn O. Young, a
county forester who has since died, had numerous land
dealings with timber companies and a real estate speculator
named W.O. Sessums.
The panel recommended a partition sale. Because not all of
the 158 acres were of the same quality, the land could not be
divided equally among the heirs, the panel told the court.
So, the judge ordered an auction.
The sale was set for 1978. Turf Smith, with help from his
nephew, Maxwell Smith, scraped together $41,000 in cash and
loans to try to keep the land in the family, but they never
had a chance. Sessums quickly bid the price up and bought 156
of the 158 acres for $98,000, court records show.
Smith was able to buy the final 2 acres, which the court
sold separately for his benefit, for $1,200.
Months later, Sessums sold his 156 acres for an undisclosed
sum to a subsidiary of Georgia Pacific Corp., property
records show.
From the auction, each Smith heir received as little as
$245 to as much as $8,000, court records show. But the land
that had been their legacy since the early 1920s was gone.
The property now is assessed at more than $225,000, and
believed to have a market value of much more because it has
quality hardwoods and shoulders a highway.
``We paid a fair market price and have clear title on the
land,'' Robin Keegan, a senior spokeswoman for Georgia
Pacific, said. ``Our records contain nothing to suggest that
anyone at Georgia Pacific knew anything about the family's
dispute over the land.''
Sessums died three years ago, according to his wife, Mary.
She said Young routinely tipped her husband to land
opportunities. ``We bought some land through Lynn Young. He
bought several tracts like that at the courthouse, you know--
commission.''
Turf Smith died in 1981. Today, Quille Smith and her five
siblings own the land their father left them.
``Two acres,'' she said. ``That, and the history, is all we
have left.''
Mrs. CLAYTON. We are very appreciative of them raising it all through
the country, but we, the members of the Congressional Black Caucus,
have an obligation to have Americans understand how important it is to
own one's land, to own one's home place or homestead, what it means to
the dignity of the family, and more than that, what it means to the
sustainability of the community, what it means to the society, to make
sure everyone feels that they have equal access to have a piece of the
pie.
The documents showed not only the take of land for eminent domain by
governments, but also we found that it was a case in point where
Mississippi, the burning of a courthouse, and all the documents were
destroyed and a private entity came in and they claimed under color of
law, and the lawyers in the audience would know more than I would, but
they had a title that was not complete, where they went to court and
they said there was no one else to claim this title. So for a period of
years they had a color of title. Later, they acquired the land. They
acquired the land for a very minimal amount of money.
They sold that land after they discovered there was oil on that land,
and even in the article it says the corporation now says the question
is what do we do about this? He acknowledged there has been less than
full disclosure, less than full legal remedy to the process, but he is
the rightful owner.
So there have been many acquisitions of lands and wealth and minerals
from land that has been acquired as a result of the color of law and
the result of some trickery. Obviously burning a courthouse is not the
color of law.
Also, we have eminent domain in Florida where the city acquired the
land for a naval yard, acquired the land when people went there and
begged that they indeed should have the opportunity to buy their land.
Eminent domain said to the blacks that they had one price and to the
whites right beside it a price that was at least 10 times higher. These
family members tried to buy the land after the city had no use for the
naval yard, and rather than sell it to them, they sold it to a baseball
franchise. That baseball franchise bought that land for millions of
dollars; not any remuneration to the Afro-American family members.
History is replete with incidents where the color of law has been
favoring those who are powerful and taking
[[Page H198]]
away without any opportunity of redress for those who are powerless or
who were Afro-American who did not have the law of those who
represented.
I think the issue for us is not only to raise that consciousness of
all Americans and understand the value of land, but also have a sense
of fairness, have a sense of the value of having free access to the
opportunity of being landowners or homeowners or sharing in the wealth,
and to that extent, I think we will have a better America.
I think also Afro-Americans are so worn that no one is as vigilant as
they are themselves. They say buyer beware. So those who have been
fraudulently offended, those who have had the color of law to take that
land, they need to begin, I think, as the gentleman from South Carolina
(Mr. Clyburn) challenged us, is to begin to think about bringing all
that information together so we can share that information with the
appropriate authority.
I think we are setting the symbol, that it is the time for us to come
together, first for America to come together and say this is
unacceptable, it was not right then, and it certainly is not right now.
Let me just finish my comments and say this is not just yesterday.
This is still happening. I serve on the Committee on Agriculture, as
two of my Representatives here, and we know that the black families had
had a continuous complaint and legal action against the Department of
Agriculture because they have had foreclosures or they have been
discriminated in in getting the resources they have needed. So in the
process of the loans, the foreclosure has meant that the taking of the
land back to the government, when they were not able to either work out
a payback schedule that would allow them to pay back their owns loans,
or which they were lent moneys discriminately so they were not even
given a chance in the very beginning to have an equal opportunity.
So not only is this historical, it is continuing, and we as Americans
should be alarmed at this. We should not find this as acceptable. I
think it was Martin Luther King who said, it is not so much what bad
people do, it is the silence of good people, and I know most Americans
know that the taking of land, fraudulent or even by the color of law,
is unacceptable, it is wrong. We ought to speak out at that.
We are calling our colleagues and Americans to be engaged in this
dialogue, and we are calling on black Americans themselves to be
vigilant in making sure that they are taking care of their legal
procedures, and they know the value of land, and they do not ignore
notices about tax, notices for sale, and they do not take for granted
someone else is going to take care of their business; that they
understand that to own land is to be part of America, and they have
every right to be engaged in it.
Again, I am thankful and very appreciative that the gentleman from
South Carolina (Mr. Clyburn) found this issue, something he
passionately cared about and wanted to join us, and I know he may want
to have some last remarks. I thank the gentleman from South Carolina
(Mr. Clyburn) very much for doing this and yield to him.
Mr. CLYBURN. I thank the gentlewoman from North Carolina (Mrs.
Clayton) for joining me in this Special Order.
Mr. Speaker, I would like to say in closing the Special Order that I
am pleased that the time has been granted. I want to sound the alarm to
the public at large that this is an issue that has a long history. It
is an issue that is very, very current in and around our neighborhoods
today.
In my own congressional district in South Carolina, I continue to
find instances where people are now unable to pay taxes on the land
that has been in their families for centuries simply because someone
has built a motel or a housing development in the area, and all of a
sudden the taxes have accelerated, and they are finding themselves
unable to pay these taxes and, therefore, losing the land.
We have seen that happen on Hilton Head, South Carolina; Daufuskie
Island, South Carolina; Pawleys Island, South Carolina; all of these
areas where there are resort communities being built. And so we bring
this issue here today because we think it is high time that we begin to
focus on what is being done under the color of law to people who find
themselves powerless and to have big corporations like the
International Paper Company now benefiting from this illegal taking. It
is time for our government to join forces with large corporations. In
this time when corporate scrutiny is very, very vigilant, we ought to
do what is right by those people who had their land, their wealth taken
away and now going to the benefit of people who have no legal right to
it.
I want to thank my colleagues for joining me this evening in this
Special Order.
Mr. LEWIS of Georgia. Mr. Speaker, many Americans have taken pride of
our past and rightfully so. We have a rich history of working the land
and having the opportunity to benefits from the fruits of our labor. My
family has even had the opportunity to witness the pride that land
ownership brings. In 1944, when I was only 4 years old, my father saved
$300 to buy 100 acres of land in Alabama. This land has been in my
family ever since, and to this day, my 87 year old mother still lives
there. I cannot imagine, that in a country like ours, having this land
stripped from under our feet without justification. Much less not even
being able to do anything about it.
Unfortunately, this was indeed the reality for many African American
farmers at one time. It was often spoken of, but never proven. And
until recently, many Black Farmers were crying on deaf ears of their
plights. As Americans we have longed believed that under God, all men
were created equal. Under this belief we all should have the
fundamental right to life, liberty, and the pursuit of happiness.
However, for some, this was a far fetch dream. And to many, the pursuit
of happiness was a down right lie!!!
Few people know that by the turn of the 21st Century, former slaves
and their descendants owned millions of acres of land. In fact by 1910,
African Americans owned approximately 15 million acres of land. Today,
African Americans own only 1.1 million acres of land.
You might ask, why is it that during periods when our country
witnessed massive prosperity and growth has the number of African
American land ownership decreased so drastically? There are many
answers to that question; however, probably the most disturbing one is
the taking of land by White businessmen and lenders and keeping the
unfortunate victims quiet, either through intimidation or murder. And
today, land that was once owned by numerous hard working families is
now home to baseball parks and shopping malls.
Mr. Speaker, this is a shame!!! It is a shame that this was happening
in America. It will be even more of a shame if we continue to let this
be ignored.
Ms. WATERS. Mr. Speaker, I rise today to bring to the nation's
attention the plight of thousands of black farmers around the nation.
From the day that we earned our freedom, many African-Americans have
chosen to support themselves and their families through farming. And we
pursued this profession with dedication and determination.
Unfortunately, black farmers have faced opposition and intimidation
from white farmers, Jim Crow laws, and the federal government. Local
and state governments through the second half of the 1800s created laws
that systematically stripped land from black farmers.
The policy continued through the New Deal. President Roosevelt's much
heralded policies which helped millions of people through those tough
times, rarely helped black farmers despite the fact that they owned
fourteen percent of the nation's farming land.
Surprisingly, at a time when other blacks were achieving civil
rights, the federal government pursued policies that made the condition
of the black farmers worse. Thousands lost their land and, by 1978,
tragically, there were only 6,996 black farms left. Today, there are
fewer than 18,000 black farmers, which represents less than one percent
of all the farms in America.
These farmers worked their entire lives to get where they are today,
and in many cases they are farming the same land as their grandparents
and great-grandparents did. But due to unfair influences and the power
of large corporations, these farmers are losing thousands of acres to
development. What makes matters worse is that they are almost never
given fair market value for their land.
It is easy for many of us just to sweep this under the rug and
pretend that nothing like this happened. But we must face the facts and
realize that thousands of black farmers were systematically
dispossessed from their land. I propose that the Federal Government
create a commission so that farmers can have a free and fair forum to
bring their complaints and reconcile this matter. Our farmers deserve
nothing less.
Mr. CONYERS. Mr. Speaker, I would like to take this opportunity to
speak to the issue of
[[Page H199]]
Black Land Loss, an epidemic which is causing African Americans to lose
land at alarming rates. This problem has plagued Black Americans for
over a century and a half.
We cannot allow an issue as pervasive and insidious as black land
loss to go unaddressed. Black land loss is attributable to many
reasons: lynchings, mob attacks, lack of legal wills, slick and
untrustworthy lawyers, and unscrupulous real estate traders. Sometimes
black land owners were attacked by whites who wanted to seize their
property. During the Reconstruction period, black were ostracized,
terrorized and dispossessed of the one thing they had managed to earn
in that desperate time, their land.
By 1920, African Americans had amassed more land than they ever held
since reconstruction, at least 15 million acres, according to
statistics compiled by the U.S. Agricultural Census.
Black land ownership tapered off after World War I and plunged in the
1950's. Today, African-Americans own just 1.1 million acres of the more
than 1 billion acres in productive land in the U.S. During the 20th
Century Black Americans have lost their land holding at a rate two and
a half (2\1/2\) times faster than whites. Blacks were forced out of the
South and off their land by:
The discriminatory lending practices employed by banks and the U.S.
Department of Agriculture; the need to seek better economic
opportunities in the North; racial oppression; and violence perpetrated
by white supremacists groups and other terrorist organizations. In
effect, black landowners were put under so much pressure to give up
their land, that they became refugees in their own country.
Families that pass down their land without wills or with vague wills
are particularly vulnerable to losing their property through
partitioning and other predatory legal practices. Historically blacks
in the rural south seldom left wills. Experts say thousands of acres of
black owned land that had been in African-American families for
generations has been lost through these practices. In recent years
separating African-Americans from their land has become big business.
All to the detriment of African-American land owners.
Ownership of land has meant more than just a family homestead, land
represented wealth to a black family, when these homesteads were taken
from black families they lost their ability to pass on wealth. As WEB
DuBois stated, ``universal suffrage could not function without personal
freedom, land and education.''
By preventing blacks from preserving their land, whites were more
able to perpetuate the vestiges of slavery. Taking land from African-
Americans went a long way in eliminating their ability to prosper;
participate in the political process; and to effectively pass on wealth
to future generations.
Mr. CLAY. Mr. Speaker, I rise to commend the Associated Press for a
series of articles it ran late last year entitled, ``Torn from the
Land,'' which documented in great detail how private and government
entitles cheated many Black Americans out of their land or drove them
from their land through intimidation, violence and murder.
The misappropriation of these lands, undertaken primarily in the
South, began more than a hundred years ago and continued well into the
1960s.
The lands and properties that were taken from African Americans were
generally small, such as a small home, a 40-acre farm or a modest
business. But such losses were devastating to families and to a people
struggling to overcome the legacy of slavery.
According to the U.S. Agricultural Census, in 1910 African Americans
owned over 15 million acres of farmland, the greatest level of black
landownership in our nation's history. However, as a result of the
illegal land grabs and the discriminatory practices of the old Farmers
Home Administration, black landownership today now stands at 1.1
million acres.
The wholesale theft of land from African Americans is the greatest
unpunished crime in our nation's sordid history of race relations.
Landownership was the ladder to respectability and prosperity in the
Old South--the primary means to building economic security and passing
wealth on to the next generation. So when black families lost their
land, they lost everything.
Typically, blacks were forced off their lands with phony charges of
nonpayment of taxes or through claims of counter ownership by other
private or government entities.
In other cases, African Americans were forced off their lands with
threats of violence or the outright murder of black landowners.
In my home state of Missouri, hundreds of blacks fled the city of
Springfield in 1906, after three men were lynched. The city, which at
the time had a thriving African American population of at least 10
percent with many black doctors, lawyers and educators, is today only
two percent black.
In another case, 129 blacks abandoned land in Pierce City, Missouri
after armed bands of whites burned five black-owned homes and killed
four African American men. Afterwards, whites bought up the previously
black-owned land at bargain prices.
The great abolitionist Frederick Douglass foresaw this future tragedy
for Black Americans when, on the 24th anniversary of the Emancipation
Proclamation, he said, ``Where justice is denied, where poverty is
enforced, where ignorance prevails, anywhere any one class is made to
feel that society is in an organized conspiracy to oppress, rob, and
degrade them, neither persons nor property will be safe.''
The Associated Press articles provide ample empirical evidence that
Congress needs to conduct a study into these tragic events to determine
whether reparations for past losses are in order.
Throughout our nation's history, there are many examples of our
government taking steps to correct past wrongs committed against
specific groups of Americans.
We have compensated Japanese Americans for the time they were
interned in concentration camps during World War II, and we have
compensated Native Americans for the loss of their lands to western
expansion.
So now the time has come for us to examine the economic and physical
losses suffered by African Americans under the old policies of Jim
Crow. To do any less, would allow Justice to be denied.
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