Autobiographical Report Upon

Cornelius C. Fitzgerald

Introduction

" ........he was lauded as a citizen of unusual interest in the welfare of the community in which he had practiced..........Practicing law here for forty-two years, and to within four days of his death, the late Mr. Fitzgerald was lauded as one of the most active, yet less ostentatious, of the city's successful attorney's."1

It is often suggested that the most appropriate manner in which to examine the life of a man is by examining the substance of his work upon the completion of his journey. This premise is especially true in attempting to examine the life of Cornelius C. Fitzgerald. Based upon my preliminary studies of this dedicated legal mind, it has become quite apparent that the significance of an attorney should not necessarily be measured by the magnitude of his accumulated wealth -- or public offices which he/she has attained. Rather, I would submit that the appropriate measure of our past and present legal minds lies within their ability -- and willingness – to dedicate themselves to utilizing the law in a manner that will effectuate meaningful social improvement for future generations.

Based upon this premise, it can be asserted that Cornelius C. Fitzgerald was one of this city's -- and arguably the nation's -- greatest legal minds. Fitzgerald's life was an ongoing example of the commitment to effectuate meaningful change for one's community and race. While some may argue that Fitzgerald was not a central figure in the African-American community's legal movement of the early 20th century – one certainly can not deny his role as an instrumental "foot solider" pursuing the day-to-day legal objectives of the community. The diligent -- and often unheralded -- commitment of Cornelius C. Fitzgerald to his community is what constitutes the true story of black progress in the early 20th century. It is the daily yeoman-like efforts of C.C. Fitzgerald, and those like him, that should warrant the accolades and admiration of students of black progress in America.

Basic Biographical Information

Cornelius C. Fitzgerald was born in Jonesboro, Tennessee – on September 29, 1963 -- as a result of the union between Mr. Joseph M. Fitzgerald and Mary A. (Ford, maiden name) Fitzgerald2. Joseph Fitzgerald was a farmer in Jonesboro, Tennessee – who operated both a flour mill and grist mill.3 C.C. was one of six sons conceived by his parents union.4 Based upon the level of professional and social achievement attained by each of these six sons, it can be deduced that Cornelius' parents were strong proponents of education, hard work and community awareness.

Upon coming of age, Cornelius pursued his matriculation at both Fisk University and Berea College. Fitzgerald was awarded his undergraduate degree from Berea College.5 Upon completing his undergraduate studies Cornelius spent a considerable amount of time in the Midwestern portion of the United States. More specifically, it has been documented that Cornelius spent some notable amount of time in Kansas and the then Indian territory of Oklahoma.6 Although preliminary research does not provide any indication as to the nature of Fitzgerald's activities in the region, it can be postulated that he was engaged in some sort of government related service. This postulation is further supported by the factors which precipitated Fitzgerald's return to the eastern-seaboard of the United States. More specifically, Fitzgerald's return east – specifically to Washington, D.C. – was precipitated by a federal appointment he had received7.

While serving in Washington, D.C., Cornelius began his study of law at Howard University – under the tutelage of Charles H. Houston.8 Howard University had recently established itself as the single-most prolific training ground of black legal minds in the United States – and Fitzgerald was amongst its most distinguished graduates. In a report on the state of the Black legal profession, prepared by Dean Charles H. Houston, Fitzgerald was specifically referenced by the dean as one of the most respected and distinguished black attorneys in Baltimore and the nation.9

Upon completing Howard Law in 1892, Cornelius Fitzgerald was admitted to the bar in 1893.10 He briefly sought to establish a practice in his home state of Tennessee, but was unsuccessful.11 As a result, Fitzgerald ended up coming to Baltimore in 1893, and establishing his practice in the city. Baltimore probably attracted Fitzgerald because the city had the nation's largest socio-economically progressive black population at the time. One author described the significant migration of blacks into Baltimore as follows:

" A great number of black immigrants arriving from the South during Reconstruction and after made West Baltimore their prime locus of settlement, and they eventually outnumbered native Baltimoreans who traced their origins to East Baltimore."12

In addition to being attracted by the large influx of Southern blacks into Baltimore, Fitzgerald had a number of Howard University law school alum in the area. Distinguished Howard alumnus such as John L. Dozier (1891) and W. Ashbie Hawkins (1892) had established themselves in the city. In addition, prominent black attorneys like Warner T. McGwinn (Yale 1887) and Harry S. Cummings (Maryland 1889) had also established meaningful practices and attained prominent social standing in the Baltimore community. The other congruent force was the conscious effort to grow a substantial black legal community in Baltimore -- under the auspices of such community advocates and leaders as Reverend Harvey Johnson.

Shortly after arriving in Baltimore, Mr. Fitzgerald met and married the former Miss Gertrude Smith in 1897.13 Ms. Smith was the 25 year-old daughter of John Henry Smith.14 Cornelius was 31 years of age at the time of the union. As a result of this union, John McFarland Fitzgerald was conceived – which was Cornelius Fitzgerald's only offspring. John MacFarland Fitzgerald, produced two offspring which were Betty Fitzgerald Howard and Barbara Fitzgerald Scruggs. Mr. And Mrs. Fitzgerald seemed to be continuous residents of West Baltimore, in an area which housed many prominent blacks residents. As early as 1924, Fitzgerald and his family were residents of 2038 Druid Hill Avenue.15 Later documentation demonstrates that the family resided at 1103 Madison Avenue.16 At some point this area of Baltimore City became known as "Marble Hill", and housed some of the city's most prominent black residents. One author described the area as follows:

" The area roughly bounded by North Avenue, Eutaw Place, Calhoun Street and Lafayette Avenue became home to Baltimore's most influential African-Americans in the decades surrounding the turn of the century. This West Baltimore neighborhood replaced the East Baltimore area near Fells Point as the heart of the city's black community."17

The Fitzgerald Clan

While having a basic biographical understanding of Cornelius Fitzgerald is beneficial, important insight can be gained upon the man by examining him in the context of his siblings. As was stated earlier, Cornelius was one of six male siblings, all of whom were great men of achievement in their own right. James N. Fitzgerald was an insurance salesman in Baltimore.18 Edward V. Fitzgerald was an extremely well-respected physician in the city of Baltimore.19 John L. Fitzgerald was a well-known pharmacist in the city.20 George A. Fitzgerald was a prominent mortician in Johnson City , Tennessee.21

Fitzgerald's younger brother, and probably his closest professional peer, was William L. Fitzgerald.22 William had followed his brother Cornelius to the city of Baltimore, upon the completion of law school at Howard University.23 William L. Fitzgerald was a prominent attorney, real-estate, and insurance professional – particularly in the black Baltimore community. In addition to his professional pursuits, William perpetuated the family's commitment to public service by serving as the Councilman for the 17th Ward of the Baltimore City Council – from 1919- 1921.24 In addition to having served as a City Councilman for Baltimore City, William L. Fitzgerald was appointed to serve on the State of Maryland's Inter-racial Commission, by then Governor Albert C. Ritchie. I find this to be particularly ironic, because prior to becoming Governor, Richie had served as Attorney General for the State of Maryland – and joined City Solicitor Poe in opposing Cornelius Fitzgerald in the Jackson v. State case.

Two particularly interesting points present themselves here. First, it is interesting that five of the six brothers decided to migrate north from Tennessee to the city of Baltimore. It can be speculated, and probably verified through further research, that several factors cane together to create this social dynamic. The most prominent factor is probably once again evidenced by the fact that Baltimore was the city that presented the greatest number of upward mobility opportunities for blacks nationwide. I would additionally speculate that the professions that the brothers pursued required them to matriculate in this area. Certainly, Howard University was one of the few academic institutions that afforded Black Americans the opportunity to pursue professional careers in medicine, pharmacy and law.25 Asa result, it is reasonable to surmise that the brothers decided to stay in the area upon completing their studies – and saw the city of Baltimore as the best alternative.

The second point of interest that is raised by studying the brothers, is the manner in which they all collectively pursued professional occupations that provided critical services to the African-American community. While many of these pursuits could garner the brothers a great deal of money they all seemed to be more compelled with the need to be of service to the community. For example a letter written by John McFarland Fitzgerald (Cornelius Fitzgerald's only son), to his younger cousins documents the pride the family took in the manner in which the Fitzgerald brothers sought to serve their community. More specifically, this excerpt speaks to how Edward Fitzgerald -- the physician -- dedicated his practice to the service of the community. The excerpt from the account is as follows:

" .....As a general practitioner fresh out of medical school, he had been quick to win the confidence and affection of the patients he served with skill and devotion.......A majority of these people were poor, often too poor to pay a doctor's fee or purchase the medication he prescribed. And like the "Great Healer", he would put these patients at ease by refusing payment for his services; sometimes paying for their medicines out of his own pocket.... Thus it is easy to understand that when he died very young – with so many good deeds undone – he left a terrible void in a lot of hearts and homes..... In the eyes of his colleagues he was a giant........To wrap it up, let's say that the young man was dedicated to his profession, but likewise loyal to family and friends.....he hated greed, snobbery, and anything that hinted of racial or religious prejudice and persecution..... You should be very proud of your granddaddy, Cousin."26

The degree of dignity, professionalism and visionary leadership seemed to be prevalent in all of the brother's respective practices. This leads one to surmise that the standards which the brothers exuded was a by product of the strong family unit they were a product of in Jonesboro, Tennessee.

The Law Practice of Cornelius C. Fitzgerald

Certainly indications seem to demonstrate that Cornelius Fitzgerald's law practice was equally as effective as his brothers Edward and William in being of service to the community. Mr. Fitzgerald's legal practice dealt mainly in the areas of estate and real estate law. To establish a significant practice in these areas was somewhat a-typical for black lawyers, since they typically dealt with more practical areas of law. This is according to the Charles H. Houston report on the state of the black legal profession at the time27. Nonetheless, economic realities did require Cornelius Fitzgerald to be diverse in the services that he provided to the community. As a result, in addition to being listed as an attorney, Fitzgerald was also listed in the Coleman Directory as an insurance specialist, a notary public and real estate professional.28

Despite the need to diversify it seems that Fitzgerald's practice had a broad degree of respect in both the white and black legal establishment. As noted by Charles H. Houston, many black lawyers of the time were not even recognized by the white legal establishment – and they rarely ever practiced together. However, in the case of Cornelius Fitzgerald, there is evidence that he actually served as co-
counsel in cases with white attorneys. More specifically, Cornelius worked with one Charles F. Stein, who was a prominent white attorney in Baltimore at the time. In working with Mr. Stein, Fitzgerald represented Fanny B. Cardoza in an estate matter that had reached the appellate level.

In addition to making some degree of inroads into the white legal establishment, Cornelius was firmly entrenched in the upper-echelon of the black legal establishment. Cornelius had worked closely with men like W. Ashbie Hawkins, George M. Lane and Warner T. McGuinn. In fact the alliances formed by these men was not only evident in the Jackson v. State case, but in an ongoing myriad of cases that sought to redress social ills placed upon the black community. These men were part of a formal legal/advocacy network, which was prepared to utilize the congruence of black Baltimore's great legal minds to redress the city's social ills.

Another indication of the prominence of Cornelius Fitzgerald's legal practice was the physical location of his offices. For a great deal of the time Fitzgerald practiced law at 215 St. Paul Place which seemed to be central to the Baltimore legal community.29 Many black lawyers at the time did not necessarily find themselves in the heart of the legal district, and in close proximity to the city courthouse. For example, from the research the I have conducted it appears that William Fitzgerald consistently practiced law out of his home on 2106 Druid Hill Avenue, which was seriously removed from the city's mainstream legal district.30 It also seemed that Cornelius managed to stay surrounded in a shop that kept him in the presence of the city's great legal minds, which I am sure spawned a great deal of intellectual energy. More specifically, and at one time or another -- Fitzgerald shared offices with the likes of James Henry Hammond, Warner McGuinn, Roy Bond, W. Norman Bishop, W. Stewart Davis and Arthur E. Briscoe.31 There are indications that later in his career Cornelius did actually directly engage in the practice of law with his brother William.32

Another indicator that Cornelius Fitzgerald had reached some significant level of achievement in the legal profession, while still maintaining a relatively low profile, was his ability to file an amicus brief before the Supreme Court of the United States. Although Ashbie Hawkins, George W.F. McMechen and W.C. McCard are afforded a great deal of credit for the filing of that brief, it can be argued that many overlook the instrumental role that C.C. Fitzgerald also played in the filing of the amicus brief in that case. It also often goes unnoticed the Cornelius Fitzgerald served as counsel in both the state and federal cases that were brought in October of 1914, to challenge Baltimore' segregation laws.

Social and Professional Affiliations

Cornelius Fitzgerald's social and professional affiliations seemed to be as integral a part of his experience as anything else. In many ways these affiliations seemed to serve a dual purpose for him. First, his affiliations kept him grounded in the community and permitted him to pursue his philosophical and social interest. Secondly, his affiliations seemed to be extremely instrumental in shaping the evolution of his legal practice. It seems that these affiliations were as a much a means of marketing one's services as anything else (that observation should not be taken in a derogatory fashion).

Cornelius Fitzgerald was a dedicated member of the Madison Street Presbyterian Church. Politically his was a member of the Republican party, as were many blacks of the time.33 During this period the Republican party was, to a certain extent, making greater concessions and actively recruiting black voters. Interestingly enough however, Cornelius' brother William was one of the first black Republicans to switch parties. This was particularly significant at the time because, it was prior to the Democrats "New Deal" package, William held political office and blacks have never really before challenged the political structure in such a public manner.34 Further research has not yielded how Cornelius' brother's decision ever affected his political orientations.

In addition to having an interest in religion an politics, Fitzgerald also demonstrated support for the notion of economic premise in the African-American community. Although his brother William appeared to be more heavily involved in the economic movement, Cornelius did sign on as a member of the Colored Business Men's Exchange.35 The Colored Business Men's Exchange was established to promote the mutual welfare and racial activities of progressive business men in the Baltimore community. The group invited all honorable and ambitious business men to join and cooperate with them.

Cornelius also took on an active interest in the acquisition of speculative real estate. While practicing in Baltimore, Cornelius and his brother James N. Fitzgerald, entered into a joint agreement to purchase some land in Anne Arundel County.36 Ultimately the 1.35 acre parcel of land was used as a conveyance to permit the state to build the new Baltimore-Washington Parkway. By the time the issue came to the attention of the state, both brothers had died, and the heirs were simply to clear title to the land from the title company.

In addition to being active on the political, religious and business economic fronts, Fitzgerald also maintained a meaningful connection to the non governmental and religious institutions of the community. Fitzgerald's fraternal connections included the Order of Good Hope, the Order of Moses and the Masons.37 Fitzgerald's brother and many of the individuals that were a part of the black legal community in Baltimore were members of the organization, reaching the 33rd degree of free masonry.38

In addition to serving in his fraternal and membership organizations, Fitzgerald always attempted to make himself available to community groups in need of assistance. For example, for several years Fitzgerald served as the Board of Trustees President for the black-owned Providence Hospital & Free Dispensary.39 Fitzgerald was also connected to the Big Brother Movement. Finally, Fitzgerald was a major contributor to the Maryland Home for the Friendless, and the YMCA. So in short, one can plainly see how C.C. Fitzgerald was rooted to community and clearly placed hope over prosperity for the sake of greed.

How Jackson v. State fit into the Life Work

In terms of assessing the impact of Jackson v. State in the life and career of Cornelius Fitzgerald, I would suggest that there are mixed reviews.40 In some respects one can not deny that this case was of major litigative significance. However, because the Supreme Court had promulgated the issues raised in the Jackson case, based upon its decision in the Louisville case – I thought the potential magnitude was somewhat diminished.41 Despite having led the initial charge in attempting to attack segregation laws, it seemed that Cornelius found the spotlight shifting away from him, as a result of the Supreme Court deciding the Louisville case first.

Despite this finding, I don't think one can truly get at what this case meant to Cornelius Fitzgerald if you simply examine it from the perspective of potential notoriety. Cornelius Fitzgerald was not a man in need of, nor in pursuit of notoriety. I view Cornelius Fitzgerald as a man in need of a cause, a man in pursuit of service and justice for his community. If one really examines the issue, Cornelius Fitzgerald stood to potentially lose profits from his real estate practice if markets opened up to blacks. Under the current segregationist structure real estate agents, landlords and other types stood to make a great deal more money if they maintained the social system of segregation. They could charge larger prices, commissions and rents on homes in housing markets that had limited stock.42

In spite of this temptations, Cornelius Fitzgerald diligently pursued the course of action that would be most beneficial to the future of his community and race. Furthermore, he diligently pursued that course of action in an unassuming and humble manner. A careful analysis of newspaper accounts at the time will demonstrate that while the issue of segregation was on the front pages of many periodicals (particularly the Afro-American Ledger), Cornelius Fitzgerald rarely ever appeared providing public comment on the topic. I do not believe that was as the result of his lack of involvement, or disinterest. Rather, I would submit that his lack of public comment on the subject matter was by design. This movement had its established front men. Men like McCard, Cardoza, Hawkins and McGuinn. Theses were the community's statesmen of that period, and there was no need for an additional grandstanding, press hungry attorney in the fray. Rather, what this movement needed was an individual who was prepared to serve the call of his community. An individual that was adequately prepared and committed to doing the ground-work that was necessary here in the city. A person who knew that this movement was about the collective body of people and not himself. Wisely those statesmen understood that the man – the "foot soldier" -- for that job was Cornelius C. Fitzgerald. A man of integrity and skill – but most of all – commitment.