While the UW-Madison Library Mall was the scene of a much-discussed protest concerning the plight of Palestinians in Gaza, I was reading more about Charles Sumner, the famed senator who was a determined and purposeful man who would not and could not countenance slavery. While university protesters were called anarchists and terrorists the Massachusetts politician was labeled by Alabama Senator Clemont Clay on the Senate floor a “sneaking, sinuous, snake-like poltroon” and “a filthy reptile”. Sumner’s words from the 1840s, which he would not be shy about publicly stating or standing by, would be the bedrock for a major Supreme Court race in the 20th century. Who can say how the resolve and commitment of the UW protestors this spring may sail on the wind of history? Or where it may land?
If there is one story from our national journey that proves to be a model as to why the fight for “a more perfect union” should never be considered worthless or a waste of time, it is the one that played out in 1849 and featured Sumner. He stands up against all odds and will make the first case against school segregation.
Five-year-old Sarah Roberts lived in Boston and walked past several white schools to attend her inferior all-Black school. The obvious problem is taken up by Boston’s first Black lawyer, Robert Moris, who asks that Sumner join him as co-counsel. Sumner accepts the duties but refuses to be paid for his efforts. It is when Sumner argues the case before the judge. that for the first time in an American courtroom. the term “equality before the law” will be used as a legal argument.
He stated that separate schools for Blacks and whites were inconsistent with equality. In 1850, the Massachusetts Supreme Court chief justice issued a ruling that upheld segregation. The ruling stated, “This prejudice, if it exists, is not created by law, and probably cannot be changed by law”. That ruling and the same tortured reasoning will be at the foundation of the infamous 1896 Supreme Court case Plessy v. Ferguson where “separate but equal” will be enshrined into our national fiber.
But here, now, is the prime reason people fight for what is right and just, even when everything is most difficult and all uphill. In 1954, the decision handed down by the Supreme Court in Brown v. Board of Education case overturned Plessy on the same exact legal ground that Sumner had argued on behalf of that young Black girl in 1849.
The student protesters at the Library Mall have grown up witnessing their fair amount of hatred, war, civil strife, and ample anger in our political culture. Clearly, there are very important issues that need to be addressed by society. They took a stand regarding the people of Gaza and were striving for a better and more just world where the high loss of life due to military attacks would cease. Being on the right side of history mattered to these students. It was a message, expressed in various ways, that I heard when interacting with them for two evenings during the protest.
As we can see from the past couple of weeks in Madison, or from the pages of history, freedom of expression and speech are imperative. Northerners who were tired of the Southern machinations in the Senate had to fight mightily against those who thought they could control even the debates on the chamber floor to whitewash slavery. We read and heard about varying tactics designed to stop further discussion on the campus about the Israeli actions in Gaza. What we learn from both cases is why there is a need for the downtrodden to have assertive spokespeople. Additionally, participating in a project or mission larger than oneself is part of the educational process at a place of higher learning. Those students who participated in the protests knew they could play a role in the international conversations about Gaza.
Charles Sumner proved to be an essential American, without ever knowing the full extent that his arguments would take hold and move a nation forward. He fully understood how the powerful men of his time made multiple attempts to shut down his dissent of the slaveholders. UW-protesters felt in various ways the power of an institution being used to stem their message about an international issue that does strike at the core of our humanity.
History will long recall the worldwide actions in 2024 on behalf of the people of Gaza. Who can say how the resolve and commitment of the UW protestors this spring may sail on the wind of history? Or where it may land?