“Their Very Presence Is an Insult”: Rejecting the Police and Defending the Community in a Pre-Black Power Era * Simon Balto University of Wisconsin-Madison * Their very presence is an insult, and it would be, even if they spent their entire day feeding gumdrops to children. They represent the force of the white world, and that world’s real intentions are, simply, for that world’s criminal profit and ease, to keep the black man corralled up here, in his place. The badge, the gun in the holster, and the swinging club make vivid what will happen should his rebellion become overt. Rare, indeed, is the Harlem citizen, from the most circumspect church member to the most shiftless adolescent, who does not have a long tale to tell of police incompetence, injustice, or brutality. -James Baldwin, “Fifth Avenue, Uptown”1 * On a late-summer's evening in 1959, Milwaukee Mayor Frank Zeidler sat in the passenger seat of a Milwaukee Police Department cruiser as it rolled through the congested streets of one of Milwaukee's predominantly black neighborhoods on the city's near north side. Zeidler's participation on this ride-along, and the location of it, were not random. Throughout Zeidler’s term in office—spanning from 1948 through the dawn of the 1960s—Milwaukee had recurrently been rocked by large-scale street confrontations between city police officers and members of Milwaukee’s rapidly growing black community. In incidents that the police would regularly use the idiom of riots to describe, dozens—sometimes hundreds—of black citizens in the impoverished northside section of the city known as the “inner core” collectively used force of numbers, their bodies, rocks, bottles, and whatever else was at their disposal in efforts to prevent officers from making arrests of black citizens. The frequency, causes, and deeper meanings of such incidents were an object of concern and study for members of the city administration and private citizens alike throughout these years. With the first significant public notice of such confrontations coming in the late 1940s, they had approached or exceeded a level of frequency by the mid-1950s of roughly one every three months. The late-1959 moment in which Mayor Zeidler chose to hit the streets came at a time of particularly acute tensions between the police and members of the black community. Indeed, one of these types of disturbances had already been reported earlier the same day of the mayor’s ride-along. As tensions mounted, Zeidler decided to observe for himself the sorts of exchanges between officers and citizens that bred such hostility.2 Zeidler found plenty of grist for his intellectual mill. Responding to reports of a disturbance at a playground in the heart of black Milwaukee, police—with the mayor in tow—arrived to find two fourteen-year-old girls fighting in the park. When officers intervened, a crowd of roughly two hundred residents descended upon the scene to resist the arrest of the teenagers, reportedly incited by a few black men in their early twenties. According to official and newspaper accounts, protestors hurled insults and rocks at the arresting officers, and tried multiple times to pry the girls free from the policemen. Officers were forced to call for reinforcements, and only a formidable display of police power was able to quell the uprising. For the moment, the streets returned to normal, though the resentment motivating such actions remained.3 What were the motivations for such actions? Do—and if so, how do—these events and moments and strategies like them help us reconceptualize the trajectory of twentieth-century African American resistance politics? More specifically, and more germane to our present purposes this weekend, how do we situate these and other acts like them within a Black Power framework? How do they help to enrich, expand, or challenge our understandings of what Black Power was (and is) and how it developed? I think it important at the outset here to be clear about some of my intellectual frameworks for thinking about these issues. First is that these acts of resistance strike me as indisputably acts of community defense, and I’ll explain why shortly. To be clear, what matters here is not whether or not we agree with the actions of the crowd—and some of us, as with participants’ contemporaries, surely do not. Nor does it seem particularly for relevant whether or not such strategies “worked.” (They generally did not in, if we understand their motivation to be to stop police from making arrests.) What matters is why they participated, and some context that I'll provide momentarily should help clarify that question. Second, although the optic I'm using here is focused heavily on eruptions of crowd resistance to the police in Milwaukee particularly, it's important to understand that this type of active, forceful rejection of police authority—by threat or actualization of violence—is hardly exceptional. Although early research of issues of race and policing in Chicago has turned up only brief mention of similar events, it’s important that such community confrontation of the police does nonetheless mark the historical record there, as well. This is true both in brief archival mentions of such events, as well as in reading between the lines of police correspondence and discovering how concerned the Chicago police were about mob resistance.4 Moreover, if we draw our lens further out chronologically and conceptually, the portrait becomes all the richer. Although I certainly don't wish to flatten the very real historical dissimilarities between the contexts, it's worth noting that there are abundant examples animated by similar rejections of police authority from even earlier periods of urban history, too. In Dallas, Texas, in 1921, for example, after the public whipping of an African American man named Alexander Johnson went uninvestigated and unpunished, rumors circulated that a group of African Americans in the city were organizing a black parallel organization to the Ku Klux Klan. As an early target and a powerful message, the group threatened to publicly whip the Sheriff of Dallas County for so brazenly neglecting the needs of the black community.5 In Atlanta, Georgia two years ealier, an anonymous group of black Atlantans put a pair of detectives with the city the police department on notice that they should stay out of the black community after repeated accusations that they were harassing local residents in their search for a band of unidentified criminals.6 And these are just a couple earlier historical moments that could be explored within the frame I’m outlining today. In returning to a narrower focus on postwar Milwaukee, though, I’d like to offer some context that helps explain the sorts of events to which Frank Zeidler bore witness . What brought people to view the police, in Mayor Zeidler’s words, as their “enemies” rather than “protectors?”7 On the one hand, we have the official line from the city, which was more or less that participants in these street confrontations with police were simply parts of drunken, unruly mobs looking for a fight. But on the other, we have black Milwaukeeans’ expressions of dissent and grievance vis-à-vis the police presence in their community, as well as the broader context of police-community relations that generated such grievances. Primarily because of the remarkable and terrible burden that the modern carceral state has hoisted upon African America since the 1970s and 80s, many of our most thorough explorations of issues of and related to hyper-intensive policing remain situated in a post-1960s context.8 But as a means of suggesting why this frame is incomplete, it is surely worth considering that, in 1952, for example, the Milwaukee police made one arrest of a black citizen for every three African American residents of the city.9 Similarly, throughout the postwar years, the African American inmate population at the Milwaukee County House of Corrections was roughly four times the black representation in the overall population by the early 1960s.10 Even more striking are admittance rates at the State Prison. Although those figures waxed and waned, statistics such as those, again, from the year 1952, when African Americans represented nineteen percent of offenders sent to the prison despite constituting less than one percent of the total state population, are particularly startling. 11 These figures—particularly the arrest rates and the House of Corrections numbers—were heavily driven by police crackdowns on misdemeanor violations of social codes. Evidence of this is found in the outsized arrest records of black Milwaukeeans on charges such as vagrancy, public drinking and drunkenness, and so forth. When interviewed in a 1960 survey of that “inner core” area, black residents there reported that “individual police officers manifest racial prejudice,” and they complained of officers “addressing colored residents as ‘boy’ or by first name.”12 Informants further argued that the police were more lenient toward whites, that in dealing with African Americans officers undertook “unnecessarily severe questioning for minor offenses or behavior,” and that they treated all black people, without distinction, as if they were criminals.13 Ultimately, interviewees were “virtually unanimous in reporting a widespread belief that law enforcement is more strict in the inner-core area than elsewhere in the city,” particularly in regard to alcohol-related offenses and “minor infractions, such as jay-walking or loitering.”14 Citizens were also justifiably aggrieved over police violence. The history of police brutality is probably well-known enough to the audience here that I’ll not dwell extensively on it, but suffice to say that accusations and evidence of beatings, abuse, and death at the hands of the police coursed throughout black Milwaukee. Ubiquitously relentless (and often seemingly remorseless) incidents of police violence and misconduct were justifiably interpreted by many African Americans as the embodiment of systemic patterns of racially driven abuse, and as the most serious of a large constellation of law enforcement injustices facing black Milwaukee. Consider the words of Pastor B.S. Gregg, one of the spokespersons for a community organization known as the Citizens’ Anti-Police Brutality Committee, as he testified on the state of police-community relations before the Milwaukee Police and Fire Commission: Make no mistake about it: we have some law officers in this city who consistently insult, harass, and brutalize Milwaukee Negroes. We have law officers who act on the assumption that every Negro is a second class citizen, a person to be treated with contempt, a person without rights before the law. Incidents which exemplify these attitudes range in seriousness from what one censures as poor human relations to what one condemns as inhumanity. Furthermore, such incidents are widely experienced, witnessed, and discussed in the Northside community where, we repeat, tensions are rising to the point of explosion.15 Gregg’s comments spoke directly to the systemic challenges that the police posed to the city’s black citizenry. Beyond the seemingly omnipresent danger of bodily harm, black Milwaukeeans’ resentment toward the police was born of the totality of their experiences with them: the regular indignities, humiliations, and harassments; the pervasive dread of being stopped or arrested; the everyday witnessing of neighbors and friends manhandled, cited, and hauled away on minor and often vague charges. For the thousands of poor and working-class black Milwaukeeans living in the congested near north side, everyday life was perpetually being molded by the constant threat of arrest by officers charged with maintaining law and order and upholding the dominant society’s governing social codes. Importantly, too, was the fact that the vast majority of black Milwaukeeans were denied an opportunity to have their grievances against the police heard in any formal channel. An arcane ordinance known as the “freeholder clause” restricted the ability to bring grievances to the Police and Fire Commission (PFC) to Milwaukee’s homeowners only, tethering property rights directly to the scope of one’s rights vis-à-vis the police. The aforementioned Ad Hoc Committee on Police Administration 1960s convincingly argued that the measure served to deny nonhomeowners equal protection of the law. 16 In this context so riddled with repression and violence, and with no release for the simmering anger against the police that coursed through sections of black Milwaukee, official caricatures of the previously described street confrontations as entirely incoherent or drunken endeavors seem untenable if not mendacious. Such eruptions were, in reality, awash in political meaning, despite their seeming spontaneity. Consider the case of Irene Haynes, 28, and Essie White, 22, two black women whom police tried to arrest in January 1955 for allegedly fighting at a busy sixth ward thoroughfare. As the officers tried to take the women into custody, they were quickly surrounded by a crowd of two hundred when they tried to arrest the women. The police accused Haynes and White, along with two other women, of trying to incite a riot; and in court, officers testified that they had been injured in the melee that ensued as White tried to free Haynes—who, remember, had supposedly been fighting each other just moments before—from the grasp of an officer. The women found the officers’ stories so implausible and disconnected from their own experiences that they were admonished from the bench for laughing in court during the testimony.17 Let’s similarly consider another incident, this from November 1956. That night, officers with the Milwaukee police reported that they initially approached a crowd of fifty to sixty black youths outside a youth center in search of suspects in an earlier gang attack on another black resident. Upon finding none, officers reported, they tried to disperse the crowd. The mass of people quickly grew to three to four hundred people, who by MPD reports began rocking police cars, throwing stones, and jeering at the officers. As one of the officers testified to the newspaper, “We started to disperse the crowd the best we could and when they refused to move, we tried to take a few into custody. The prisoners started to fight with the officers and screamed for help. At this, the rest of the mob tried to come to their aid, throwing stones and bottles.” [Emphasis mine.] The police called for reinforcements, dispersed the crowd, made arrests, and moved on, only to find another group of roughly one hundred youths at a different intersection who similarly hurled rocks and other objects at the officers. By the end of the evening, hundreds of black Milwaukeeans had been involved, forty officers had been called on to help prevent a full-scale riot, two officers were hospitalized, and six people were arrested.18 Taking these particular incidents as illustrative of the larger body of disturbances and properly contextualizing them allows us to understand them as distinctly political acts of resistance. I use the word ‘political’ here in an expansive sense. The case of participants in these incidents is one of citizens who had been absolutely stripped of particular rights using alternative channels to try to regain them or protect themselves. Doing so meant navigating inherently unequal terrains of power—and risking bodily harm—in order to try to better their own circumstances and those of the people around them. An ethos of not just self-preservation, but of community defense, courses through the history of each individual incident here. The challenges to police power that we see over and over again here weren’t simply arbitrary and unreasoned, even if they weren’t attached to any particular programmatic agenda—they constituted a form of early midcentury political resistance that historians have yet to really think at length about. So what does this mean for thinking about Black Power? In both public consciousness and the historical narrative, an important aspect of the Black Power turn was the forceful challenges to and rejections of the authority of American law enforcement. Whether in the Panthers’ famed promises to “police the police” or in their more verbose condemnations of “the pigs,” the relationships between local, state, and federal law enforcement agencies and Black Power activists during what we typically identify as “the movement” proper—and more specifically the latter’s rejection of the former—stand as one of the iconic components of Black Power ideologies. But our understandings for where such ideas originated from remain amorphous. On one hand, as Donna Murch has shown in the case of the Panthers, much of the intellectual and theoretical development of Black Power activists stemmed directly from their immediate contexts and experiences—with migration, juvenile justice, education, and so forth.19 At the same time, it’s important that we reach for better appreciations of how the urban context—and everything that attended it—over a much longer historical term shaped the development of Black Power thought and ideology. I think it’s clear by this point how frustration with the attenuation of civil rights in the urban North and West, the onset of the urban crises, the urban rebellions of the sixties, and Black Power were all linked together. But the primacy that we as historians give to the interrelations between these “long-1960s” historical phenomena may actually hinder our ability to appreciate how Black Power’s intellectual challenges to, or rejections of, police authority actually developed. As this brief snapshot of community assertions of self-defense and challenges to the police suggests, the soil from which Black Power framings of the limits and legitimacies of law enforcement grew was rich. What did people who joined or embraced aspects of “the movement” receive from their forebears, and how did they receive it? How did they adopt and adapt such attitudes, and how did they come to bear on how they expressed themselves politically? Even as we focus our attention on what legacies Black Power activists left and how they influenced the people, communities, and cultures around them, there are important questions to be asked as well about what they learned from the folk around and before them. In other words, to continue on issues related to law enforcement, we all know about the Panthers telling “the people” to hate “the pigs.” But what historically beyond their own direct experiences and intellectual and theoretical explorations led them to such a position? In the end, this may be something of a piece with the calls we’ve seen for a “long Black Power movement.” But it should also serve as a reminder that we need to pay attention to local histories and local voices as we reach for that more expansive history. Tim Tyson did us all a service more than a decade ago in showing us how the African American radical intellectual Robert F. Williams served as an intellectual forefather to many members of the movement.20 But what about the people who served as actual mothers and fathers to people in the Black Power movement? What did people like Essie White and Irene Haynes—convicted in the 1950s for being at the center of one such street confrontation with the police—teach their children about the role and legitimacy of law enforcement in American society generally and in African America particularly? How did the kids of participants in the incidents I’ve talked about today absorb such displays of community defense and rejections of state authority? Surely these local legacies have a place in understanding the rise, development, and appeal of “the movement.” Better exploring earlier contexts of urban conflict and resistance should serve to dramatically enrich our appreciations for Black Power, as well as the larger trajectory of twentieth century African American freedom politics. 1 James Baldwin, “Fifth Avenue, Uptown: A Letter from Harlem,” Esquire, July 1960. Milwaukee Commission on Human Rights, Annual Report, 1956, Milwaukee Human Rights Commission Records, Milwaukee Public Library, Milwaukee, WI, 22-23; Bernard Toliver and Joseph Himden, “Research in Police-Community Relations in Inner-Core Area, Milwaukee, Wisconsin, 19591960,” Masters Thesis: University of Wisconsin-Milwaukee, 1960-61. Milwaukee Public Library, Milwaukee, WI. 3 Milwaukee Sentinel, August 27, 1959, 1. 4 Virgil W. Peterson, “Crime Conditions in the Fifth Police District: Survey Made in 1945 to Determine Reasons for High Crime Rate,” Criminal Justice, 1946, 20, Chicago Crime Commission Records, Box 1, Folder 9. Chicago, IL: University of Illinois-Chicago Archives. 5 Chicago Whip, April 16, 1921. 6 Chicago Whip, November 22, 1919. 7 Milwaukee Journal, November 3, 1956, 8 Among others, see Michelle Alexander, The New Jim Crow: Mass Incarceration in an Age of Colorblindness (New York: The Free Press, 2010); Loïc Wacquant, Prisons of Poverty (Minneapolis, MN, 2010) and Punishing the Poor: The Neoliberal Government of Social Insecurity (Durham, NC, 2009); David Garland, ed., Mass Imprisonment: Social Causes and Consequences (London: Sage Press, 2001); Michael Tonry, Malign Neglect: Race, Crime, and Punishment in America (Oxford, 1995); After the War on Crime: Race, Democracy, and a New Reconstruction (New York: New York University Press, 2008); and Ruth Wilson Gilmore, Golden Gulag: Prisons, Surplus, Crisis, and Opposition in Globalizing California (Berkeley, CA, 2007). 9 MPD Annual Report: 1952, Milwaukee Public Library, Milwaukee, WI. Police records show 9,352 arrests of African Americans, from a population of roughly 30,000. 10 Milwaukee County House of Corrections Records: 1948 to 1960, Milwaukee Public Library, Milwaukee, WI (records for 1945, 1946, and 1947 are unavailable). 11 State of Wisconsin Department of Public Welfare, Division of Corrections, “Criminal Offenders Placed Under the Supervision and Control of the Wisconsin Department of Public Welfare, Division of Corrections, during 1952,” Wisconsin State Historical Society, Madison, WI. 12 Bernard Toliver and Joseph Himden, “Research in Police-Community Relations in Inner-Core Area, Milwaukee, Wisconsin, 1959-1960,” masters thesis, University of Wisconsin-Milwaukee, 1961, 15-17. 13 Ibid. 14 Ibid. 15 Pastor B.S. Gregg, “Statement of the Citizens’ Anti-Police Brutality Committee Before the Milwaukee Police and Fire Commission, January 21, 1965,” box 21, folder 9, Citizens’ Anti-Police Brutality Committee Records, in Lloyd Barbee Papers, Wisconsin State Historical Society, Madison, WI (hereafter, CAPBC Records). 16 Ad Hoc Committee on Police Administration in Milwaukee, “The Problem of Police-Community Relations in Milwaukee,” ca. 1968, AHCPAM Records. The freeholder clause was finally struck down in 1967. 17 Milwaukee Journal, January 4, 1955. 18 Milwaukee Journal, October 30, 1955. 19 Donna Murch, Living for the City: Migration, Education, and the Rise of the Black Panther Party in Oakland, California (Chapel Hill, NC, 2010). 2 20 Timothy B. Tyson, Radio Free Dixie: Robert F. Williams & the Roots of Black Power (Chapel Hill: University of North Carolina Press, 1999).