Gibson/Papenfuse
Race and the Law in Maryland

Image No: 116   Enlarge and print image (76K)            << PREVIOUS   NEXT >>

clear space clear space clear space white space


 

Gibson/Papenfuse
Race and the Law in Maryland

Image No: 116   Enlarge and print image (76K)            << PREVIOUS   NEXT >>

Brown was one of the lawyers who defended Confederate President Jefferson Davis. Nevertheless, his political stance favored the Union rather than the South. In 1885 Brown was the Chief Judge of the Circuit Court of Baltimore City when the suit for admission to the bar of black attorneys was filed. Although he initially thought the issue had been settled by stare decisis, he did say "It is a great injustice that no colored man can be admitted to the practice of the law. There is a large colored population in our State, and they ought to be allowed to enter any lawful occupation for which they may be fitted.1"40 Conway Sams wrote of Brown's involvement in the integration of the law school: Mr. Brown took a very warm interest in the law school of the University of Maryland, and was one of its regents for many years. On the reorganization of the law school not long after the war, he accepted and held for several years the lectureship on international and constitutional law, rendering his services gratuitously. When an effort was made at one time - many years afterward - to refuse colored law students the privileges of the institution, he, together with his colleague, S. Teackle Wallis, took a very pronounced stand against any such narrow policy of exclusion.41 Severn Teackle Wallis was not a member of the faculty of law, but rather the provost of the entire University of Maryland. Like Brown, he had been interned during the Civil War for fear that his leadership might not support the north. Realizing the precarious position of Maryland, Wallis had in fact opposed any call for a convention to secede, but his sympathies were with the south. Among his contemporaries, Wallis was clearly recognized as the foremost lawyer of his time. Without aspiring to high public office himself, he was the leader of the reform movement to cleanse the politics of the city and the state from fraud and corruption.42 With Wallis and Brown in the lead, and Phelps, Carter, Latrobe and Dobbins as likely supporters, the law school admitted Cummings and Johnson in 1887. Some of the faculty disliked the change,43 but if Poe, Hall and Venable had been determined to exclude blacks from the school they probably would have succeeded. After all, Poe was the dean and Venable the most senior faculty member. The context of the decision to admit Cummings and Johnson was a confusion in white society over racial relations. Secondary education was strictly segregated, but it was quite acceptable for whites to teach black students. Segregation was growing as blacks were limited in access to restaurants and theatres, barred from many of the former and restricted in seating in the latter.44 Yet at least one white church had a colored member and white troupes of entertainers had some black performers.45 Municipal transit had been integrated in 1871 and remained so.46 In the context of this partial integration and partial segregation of local life, the faculty may have reflected that more students at a proprietary school meant more fees. The faculty seem to have felt that sitting for an hour or two listening to a lecture in a classroom was more closely analogous to riding in a train than a social occasion such as eating, playgoing or attending secondary school. Some of the white students expressed dissatisfaction, but at a class meeting 114