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Houston was a
legal freedom fighter
By Kevin C.
Peterson
American society has always
benefited from those social entrepreneurs who are creative
and courageous enough to expand the culture's identity and
chart its positive directions.
Charles Hamilton Houston was such
an American, and at the recent opening of an institute named
after him at Harvard Law School, it became clear to many
that his role as a legal activist proved pivotal as the
nation sought civic maturity during the middle years of the
last century.
Houston, an African-American, was
a visionary litigator and gifted above many as a professor
of law.
Among his achievements was his
success at transforming the all-black Howard Law School from
the ranks of mediocrity and into a leading American
institution of training. This was no easy feat during the
1930s. Racial antipathy in the nation then ran high and was
punctuated by weekly lynchings. The confidence that blacks
could competently function in the precincts of the
professional occupations was low.
But Houston was persistent. His
vigilance was measured in proportional relation to his high
confidence and lofty ambition.
As vice dean of the law school,
Houston produced a cadre of exceptional African-American
lawyers. During his tenure he was singularly responsible for
producing nearly a quarter of the nation's black law
students.
These future lawyers would
function as the team challenging the distinctive and layered
forms of institutionalized racism or what the historian John
Hope Franklin called "America's racial depravity."
Standing out among Houston's
students was Thurgood Marshall who would embrace Houston's
tenacity. Marshall also adopted the teacher's belief that
the foolishness of racial segregation could be subjugated by
the logic of law and that where true democracy existed
bigotry is a canard. Marshall would go on to become the
first African-American Supreme Court Justice and cite
Houston as a legal mentor.
The prospects that Houston would
emerge as a leader possessing the capacities to change
society were evident early.
By 19 he graduated from Amherst
College as one of its valedictorians and was elected as a
member of Phi Beta Kappa. After serving in World War I,
Houston would entered Harvard Law School and became the
first black editor of the Harvard Law Review.
At law school Houston's professor
Felix Frankfurter called him one of his most "brilliant"
students. Frankfurter later served on the U.S. Supreme Court
to which Houston would present cases.
Houston's work as legal pioneer
was definitive and resulted in a turning point in American
law in the 20th century. With the law as his tool, he was
committed to social "probing" as a means of breaking down
social barriers. He felt the law could be used to shape
culture and the courtroom was a place to foster the kind of
jurisprudence that would mold moral and social sentiment.
Convinced with this strategy,
Houston spent his career engaged in litigation, arguing
before the Supreme Court nearly a dozen times, more than any
African-American had at the time.
The result of his labors provided
the blueprint for the fight against school desegregation.
Houston was the master designer of the multiple legal
challenges that culminated in the Brown v. Board of
Education Supreme Court decision in 1954.
The Houston Institute was created
by Harvard Law professor Charles Olgletree who lauds Houston
as a first-rate academic and legal practitioner.
The inaugural event this fall
featured a host of friends, admirers, family, students,
educators, and former colleagues of Houston, who died at 54,
nearly five years before the Brown decision.
Those who gathered in his name
reflected on Houston's Herculean contributions and his role
in the development of American jurisprudence. Olgetree
called him an American "treasure."
In an age where heroes are so
often identified in light of their popular appeal in the
marketplace of material excessiveness, Houston represents a
special kind of citizen whose social commitments reflected a
mode of charity intended only to make the nation better.
Kevin C. Peterson is a
columnist for the Reporter Newspapers.
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