The Impossible Cornerstones of Liberty August 6, 2020

[This is the post for Wednesday, August 5, 2020.]

“‘Keep, ancient lands, your storied pomp!’ cries she

With silent lips. ‘Give me your tired, your poor,

Your huddled masses yearning to breathe free,

The wretched refuse of your teeming shore.

Send these, the homeless, tempest-tost to me,

I lift my lamp beside the golden door!’”

– from the poem “The New Colossus” by Emma Lazarus

Today (August 5^th) in 1844, when the cornerstone of the Statue of Liberty’s pedestal was placed on a rainy Bedloe’s Island, it seemed impossible to complete the project meant to be a testament to freedom, friendship, and the spirit of the people. People in France provided the funds for the statue designed by the sculptor Frédéric-Auguste Bartholdi (with scaffolding created by Gustave Eiffel), while people in the United States were meant to pay for the base and pedestal designed by Richard Morris Hunt. The only problem was that the Americans were short…about $100,000 short.

Hunt’s design for the pedestal and base incorporated the eleven-point star foundation of the army fort (Fort Wood) which had been built in 1807 and abandoned during the Civil War. He always intended his design to be simple, so as not to take away from the statue itself, but raising money for his design turned out to be such a challenge that he scrapped twenty-five feet from the height of his original design. He also cut back on materials so that instead of the pedestal and base being constructed entirely out of granite, he had to make do with concrete walls covered with a granite-block face. His cost cutting measures still might not have been enough if a certain newspaper man hadn’t decided to tap into the spirit of the people and, in doing so, overcame what some viewed as an impossible obstacle. That newspaper man was Joseph Pulitzer and on March 16, 1885 he implored people in the United States to give what they could, even if it was a penny, in order to pay for the base and pedestal of the Statue of Liberty. Starting with an ad and a series of front page editorials, he was able to crowd fund over $100,000 in about 5 months.

“We must raise the money! The World is the people’s paper, and now it appeals to the people to come forward and raise the money. The $250,000 that the making of the Statue cost was paid in by the masses of the French people – by the working men, the tradesmen, the shop girls, the artisans – by all, irrespective of class or condition. Let us respond in like manner. Let us not wait for the millionaires to give us this money. It is not a gift from the millionaires of France to the millionaires of America, but a gift of the whole people of France to the whole people of America.

Take this appeal to yourself personally. It is meant for every reader of The World. Give something, however little. Send it to us. We will receive it and see that it is properly applied.”

– quoted from The New York World editorial by Joseph Pulitzer, 1885

Joseph Pulitzer offered people a six inch metal replica of Lady Liberty (described as a “perfect fac-simile”) if they donated a dollar to the “Pedestal Fund” established by Pulitzer’s paper the New York World and a twelve inch replica if they donated $5. While that may not seem like a lot today, keep in mind that this was after the Financial Panic of 1873 (which created a depression in the United States and Europe). Also, interest seemed to be in short supply since the United States was still trying to recover from the Civil War – which left many Americans desiring heroic public art rather than allegorical public art. But, Joseph Pulitzer had a way with words and there were a group of people – immigrants – who were inspired to donate specifically because of the symbolism of the statue. Ultimately, over 125,000 people donated – most donating a dollar or less. They not only donated to receive the replicas, they donated via auctions, lotteries, and boxing matches.  They donated by depriving themselves of things they needed or things they wanted. Some kids donated by pooling their “circus” and candy money. Some adults donated what they would normally spend on drinks. At the end of the fundraising, Joseph Pulitzer printed every donor’s name in the New York World – regardless of how little or how much they donated.

The cornerstone is the first stone set in the foundation of a building or structure. All other stones are set in reference to the cornerstone; thereby making it the very foundation of the foundation. It determines the overall position of the structure and is often placed with a certain amount of pomp and circumstance. It is usually inscribed with the date of its placement and often includes a time capsule, which includes some clues as to what was important to the people who attended the ceremony. Such was the case with Lady Liberty’s pedestal cornerstone, which was placed over a square hole dug for a copper time capsule. The time capsule contained a number of articles, including the Declaration of Independence and the Constitution of the United States – both documents considered to be the cornerstones of the United States and the ultimate law of the land.

Although we don’t always think of it this way, one of the cornerstones of the legal system in a commonwealth is a bar. It might be wooden railing, it might be metal railing; however, historically, this bar separated those within the legal profession (specifically the judge and those who had business with the court) from everyone else. In particular, “everyone else” referred to law students whose aspirations were to “pass the bar” – meaning they would be on the other side of the symbolic railing. This symbolic railing is also used to refer to professional organizations, membership in which is sometimes required in order for an attorney to practice law in a particular jurisdiction. Let’s skip “state bars” for a second and just focus on “voluntary” bar associations – which, in the United States are private organizations which serve as social, educational, and lobbying organizations. Legal professionals can not only use these bar associations to network with other professionals and the general public (hence expanding their practice), they can also advocate for law reform. I place “voluntary” in quotes, because I’m not sure how possible it is to practice law in the United States without being a member of a “bar association” (not to be confused with a state bar).

Even if it’s possible to practice without being a member of a bar association – and I trust one of you lawyer yogis will educate me with a comment below – I imagine it would be quite challenging (maybe even impossible) to successfully practice. Especially, back when there was only one major bar association in the United States. And, especially back in the 1920’s when your race and gender prevented you from joining said association. Such was the plight of Gertrude Rush (née Durden), born today (August 5^th) in 1880 in Navasota, Texas. Ms. Rush not only became the first African-American woman to be admitted to the Iowa (state) bar, for about 32 years she was (sometimes) the ONLY female attorney practicing in the state of Iowa (1918 – 1950). She placed a particular emphasis on women’s (legal) rights in estate cases and had a passion for religion, extensively studying the 240 women whose stories are featured in the Bible. Many within the local court referred to her as the “Sunday school lawyer.” She took over her husband’s law practice and, in 1921 (just a year after women’s right to vote was ratified by the United States Congress) she was elected the president of the Colored Bar Association; however, it was impossible for her to be admitted to the American Bar Association. She tried. So, did several other African-American lawyers. They tried because the ABA had one Black lawyer and was, therefore “integrated.” Eventually, however, they stopped trying to join an organization that didn’t want them and started their own organization.

“…a very worn Bible is almost as prominent as the well-thumbed Iowa code on the desk of Mrs. Gertrude E. Rush.”

– quoted from “Iowa’s Only Negro Woman Lawyer Firmly on the Golden Rule” article about Gertrude Rush, located in Iowa Public Library (excerpt printed in Notable Black American Women, Book 2 by Jessie Carney Smith

Gertrude Rush was one of the founding members of the Negro Bar Association, which was incorporated on August 1, 1925 with 120 members (which was about 11 – 12% of the Black lawyers in the US at the time). Eventually renamed, the National Bar Association, the NBA ” addressed issues such as professional ethics, legal education, and uniform state laws, as well as questions concerning the civil rights movement in transportation discrimination, residential segregation, and voting rights.” The NBA supported civil rights groups by providing legal information, filing outside legal briefs (amicus curiae), and blocking federal court nominees who opposed racial equality. As a bar association, however, the NBA did not directly participate in civil rights activities. Instead, NBA members like Gertrude Rush and (eventual) Supreme Court Justice Thurgood Marshall became members of the NAACP (National Association for the Advancement of Colored People).

It was as part of the NAACP’s legal team  that Justice Marshall argued cases like Donald Gaines Murray in Murray v. Pearson, 169 Md. 478, 182 A. 590 (1936) and Brown v. Board of Education of Topeka, 347 U.S. 483 (1954). Raymond Pace Alexander founded the National Bar Journal (1941), which became a way for Black lawyers to challenge legal principles which conflicted with the interest of African-Americans. The Rev. W. Harold Flowers, a co-founder with Ms. Rush and a former president of the NBA (who would eventually be appointed as an associate justice of the state Court of Appeals), was the attorney whose motions in 1947 resulted in a reconfigured jury after he pointed out that the Arkansas court had not had a Black juror in 50 years. Additionally, the NBA established free legal clinics in 12 states, thereby creating the foundational cornerstone for the poverty law and legal clinics of today.

Gertrude Rush was also one of the organizers of the Charity League, which coordinated the hiring of a Black probation officer for the Des Moines Juvenile Court; created the Protection Home for Negro Girls, a shelter; and served on the boards of a host of other women’s organizations.

Stay tuned for news about when I will resume classes.  If you want to practice with one of the previously recorded classes, I would suggest June 17^th (a Lady Liberty class with a lot of arm movement, good for the brain and shoulders – some of you call it a “sobriety test”).  The playlist is available on YouTube and Spotify. (The playlist starts with instrumental music. If your Spotify is on shuffle, you will want your music volume low at the beginning of the practice.)

Feel free to email me at Myra (at) ajoyfulpractice.com if you would like a copy of the recordings from Wednesday, June 17^th.

As I running late, this August 5th post is actually being published on August 6^th, which the anniversary of President Lyndon B. Johnson signing the Voting Rights Act of 1965 into law. The act has been amended at least five times, to close legal loopholes and reinforce the rule of law.

Today, August 6^th, is also the anniversary of President Abraham Lincoln signing the Confiscation Act of 1861 and the U. S. bombing of Hiroshima in 1945. President Lincoln wasn’t sure of the legality and effects of the Confiscations Acts of 1861 and 1862, he signed them into law anyway. To this day, people are still debating the effects of the bombings on August 6^th and 9^th (Nagasaki), both of which clearly broke the Golden Rule (and the not then established Geneva Convention).

As you practice today, hold a neighbor in your hearts and minds with friendship and kindness. Offer your efforts, no matter how small, as a token of that friendship and kindness. As so many people suffer due to current events, may we take a moment to remember those who are still suffering due to our shared past. Let us not forget those who are still grieving and healing from past wounds. May our efforts bring us all closer to peace, harmony, and benevolence.

### OM SHANTI SHANTI SHANTHI OM ###