Gideon v. Wainwright

March 18, 2013, marks the 50th anniversary of the U.S. Supreme Court’s landmark decision Gideon v. Wainwright. The decision confirmed the right of the individual to counsel, even in cases not involving capital offenses. U.S. Attorney General and Senator Robert Kennedy described the case as having changed the course of American legal history.

Petition for Writ of Habeas Corpus submitted by Clarence Earl Gideon

Petition for Writ of Habeas Corpus submitted by Clarence Earl Gideon

The case began when an obscure inmate in a Florida prison, Clarence Earl Gideon, picked up a pencil and began writing his own lawsuit against the Secretary of the Florida Department of Corrections. Before the case was heard by the U.S. Supreme Court, however, the Florida Supreme Court heard the appeal of the original conviction. Clarence Earl Gideon was convicted of robbery after the judge in a circuit court refused his request for counsel and he was forced to defend himself. He was convicted and sentenced to five years in prison. The Florida Supreme Court confirmed the circuit court ruling, denying Gideon’s appeal for a writ of habeas corpus, which would have freed him on the grounds that he had been imprisoned illegally.

In 1963, the Supreme Court unanimously overturned the ruling of the Florida court, thereby establishing the principle that state courts were required to provide defendants in criminal cases with legal counsel. The case was retried (this time with representation for Gideon) five months after the Supreme Court decision. Gideon was acquitted.

View Gideon’s historic petition for writ of habeas corpus on Florida Memory.

Florida State Prison mug shots of Clarence Earl Gideon: Raiford, Florida (1961)

Florida State Prison mug shots of Clarence Earl Gideon: Raiford, Florida (1961)

Portrait of Clarence Earl Gideon (1961?)

Thomas Sidney Jesup and the Second Seminole War (Part Seven)

General Thomas Sidney Jesup commanded military operations against the Seminoles in Florida during the early stages of the conflict now known as the Second Seminole War (1835-1842). The Second Seminole War was the longest and costliest Indian War in American history. Jesup’s field diary, available on Florida Memory, contains his perspective on the war from October 1, 1836, to May 30, 1837. This series of blog posts places significant entries from the Jesup diary in the context of the Seminole Wars and the history of Anglo-American Indian-African relations in the American South. Below is the sixth post in the series.

On March 18, 1837, Micanopy agreed to the articles of capitulation negotiated by Jumper, Holatoochee, and Cloud.

“Met Micanopy to day in council—Read and explained the articles of the Capitulation. He stated that he had authorized the chiefs, Jumper, Holahtoochee & Yaholoachee to sign that instrument for him, he…”

“Met Micanopy to day in council—Read and explained the articles of the Capitulation. He stated that he had authorized the chiefs, Jumper, Holahtoochee & Yaholoachee to sign that instrument for him, he…”

“…agreed to every article, and formally ratified it. He, Aligator, and John Hopony a friendly chief, dined with Gen[era]l J[esup]. Had a talk with Aligator after dinner in relation to the movement of his people to Tampa & thence west.”

“…agreed to every article, and formally ratified it. He, Aligator, and John Hopony a friendly chief, dined with Gen[era]l J[esup]. Had a talk with Aligator after dinner in relation to the movement of his people to Tampa & thence west.”

After the initial military successes by the Seminoles in December 1835 and early 1836, the United States Army responded with search and destroy-style tactics in order to undermine the Seminole resistance. As noted in a previous entry not all Florida Indians shared the same politics, nor did they all agree on the issue of removal.

As noted in this entry, by March of 1837 several Seminole leaders had begun negotiations with General Thomas Sidney Jesup to end the war. Prior to the meeting of March 18, Micanopy’s advisor and interpreter, the Black Seminole Abraham, met with Jesup on several occasions to outline the leader’s position. Micanopy belonged to a line of hereditary leaders among the Alachua Seminoles. It appears that he was likely related to King Payne and the Cowkeeper, previous leaders of the Alachua Seminoles, through his mother’s family.

Like other southeastern Indians, Seminoles traced descent through the mother’s line. Anthropologists refer to this form of social organization as matrilineal. Hereditary leaders did not have absolute power. Their words probably carried more weight than any other single individual, but they ruled by persuasion rather than coercion. Other individuals such as war leaders, religious leaders, and advisors like the black Seminole Abraham also influenced decisions that impacted the Seminoles as a whole. Micanopy’s power, therefore, was somewhat more limited than Jesup likely understood. In reality, his authority extended probably no further than the boundaries of his own home village and its constituent parts.

During times of war the power structure changed. For all intents and purposes, Micanopy became the principal leader of certain bands of Seminoles during the Second Seminole War. Jesup considered his word binding on the Seminoles as a whole, even if the dispersed bands themselves thought otherwise.

The Articles of Capitulation agreed to by Micanopy on March 18 related to previous treaties between the Seminoles and the United States. When Florida became a U.S. territory in 1821, one of the primary concerns of the new government was what to do with Seminoles who occupied prime agricultural lands desired by planters. In 1823, several Seminole leaders agreed to the Treaty of Moultrie Creek. This treaty, among other things, created a large reservation in central Florida, provided rations and assistance for relocation therein, and required the Seminoles to prevent fugitive slaves from residing among them.

The Treaty of Moultrie Creek was supposed to be in effect for 20 years, at which time another agreement would be drafted. However, problems resulted from the treaty almost immediately. Since not all Seminoles were present at or party to the treaty, some refused to abide by its terms. The ill-defined boundaries of the Seminole reservation invited trespassing by whites seeking escaped slaves and cattle, and likewise, Seminoles in search of game and trade ventured beyond the bounds set at Moultrie Creek.

In 1830, the United States Congress passed the Indian Removal Act. This act required all Indians living east of the Mississippi River to emigrate to the Indian Territory. Each tribe had to arrange its own eventual departure with an Indian agent assigned by the U.S. government. In 1832, Indian Agent Wiley Thompson and a group of Seminole leaders agreed to what is known as the Treaty of Payne’s Landing. Before the treaty could take effect, a delegation of Seminoles would travel to the lands assigned to them in the west and thereby determine if they met the needs of the tribe.

What happened next is steeped in controversy and strikes to the very heart of the dishonorable history of U.S. Indian policy. The delegation did in fact visit the lands in question, at which point they were forced to sign another agreement, known as the Treaty of Fort Gibson. The Seminole people were informed that the delegation had already agreed to the terms of Payne’s Landing and that emigration would commence in 1835. This caused outrage among the various political factions of Florida Indians.

It became immediately apparent that the vast majority of Florida Indians had no intention of leaving the territory. Many were determined to fight to protect their lands. Several Seminoles emerged at this point and became nationally known figures. Perhaps the most famous was the warrior known as Osceola. Osceola was so enraged with what took place at Fort Gibson that he engaged in a verbal altercation with the Indian agent Wiley Thompson.

For his verbal threats towards the Indian agent, Thompson placed Osceola in chains. After being released Osceola vowed to avenge this humiliation. His anger set the stage for the beginning of the Second Seminole War (1835-1842). In late December 1835, Osceola attacked and killed Wiley Thompson near Fort King. He also led an assault against Charley Emathla the previous month, a member of the delegation to Fort Gibson. At about the same time as Thompson died at the hands of Osceola and his band, another group of warriors routed a column of troops under command of Major Francis Dade as they traveled north from Fort Brooke on the Fort King Road.

The Seminoles and their African allies then conducted a series of raids on plantations along the east coast in the first half of 1836. It was in the context of the early successes of the Seminoles that General Thomas Sidney Jesup was sent to Florida in October 1836.

Jesup’s strategy appeared to be working from his perspective. He thought the agreement reached with Micanopy on March 18, 1837, would finally end the war. Micanopy and other leaders had agreed to cease fighting. Many brought their people in to Fort Brooke and assembled for emigration. Despite these positive signs, as it turned out, Jesup was wrong.

The situation took a dramatic turn on the evening of June 2, 1837. Warriors led by Osceola and Sam Jones (Abieka) liberated several hundred Seminoles detained near Fort Brooke. This event convinced Jesup of the need for more brutal tactics against the Seminoles. He raised additional troops and again penetrated the interior of the peninsula in search of their camps. It was during this time that Jesup devised a strategy for ending the war that ended up defining the rest of his military career.

Under the commonly accepted rules of war, discussions taking place under a white flag of truce carried the expectation that all parties were free to leave. Jesup began using the white flag of truce to lure Indian leaders into talks from which he never intended their escape. Most infamously, Jesup captured Osceola using this tactic in October 1837. The famed warrior later died at Fort Moultrie in Charleston Harbor, South Carolina. Instantly, the press seized on the dubious circumstances of his apprehension, and held Jesup responsible. This tarnished an otherwise lengthy career in the U.S. military for the Army’s longest-serving Quartermaster.

Always at the forefront of Seminole-American negotiations was the status of Seminole property in the event of forced resettlement in the west. The issue of cattle was not easily solved, as the Seminoles depended on livestock for their livelihood.

Even more contentious was the issue of the Black Seminoles. Leaders such as Micanopy made it clear to Jesup that emigration was only possible if the Black Seminoles accompanied them to the west. Jesup had hoped to make this concession as a means towards ending the war, but met stiff resistance from southern planters and politicians. His opposition claimed that many of the blacks in Florida were seized during the war, and therefore, belonged to white plantation owners and not the Seminoles. The Seminoles maintained that this was not the case, and feared that their African allies would be taken immediately upon arriving in either Tampa, or New Orleans (the point of entry into the Mississippi River for the trek to the Indian Territory). These fears played out in the aftermath of the Battle of Loxahatchee in January 1838, when slave catchers re-enslaved many Black Seminoles despite previous agreements.

Another layer of drama resulted from the fact that the negotiations over the issue of the Black Seminoles had always involved African interpreters, such as Abraham and John Horse. Since Abraham helped council Micanopy and conduct the business of negotiating with the Americans, it can be assumed he did everything in his power to ensure a favorable outcome for the Black Seminoles.

Any conclusions Jesup felt had been reached by the March meetings quickly proved short-lived after the raid on Fort Brooke on the night of June 2, 1837, and in the ensuing five years of conflict.

Take It From the Top

Before Web pages and social media sites, before television, in the early years of radio as a mass communications medium, businesses promoted themselves through other means of advertising, including eye-catching designs on their office stationery.

In the first half of the 20th century, particularly in the 1920s and 1930s, office letterhead meant more than just a business name and address. Colorful artwork, detailed drawings, and inspiring slogans adorned much of the office stationery of the time, providing not only information and some humor, but also a glimpse of how we viewed ourselves, our work, our environment, and each other.

Batter Up!

Few things announce the arrival of spring in Florida quite like the crack of the bat, cheering fans and vendors peddling peanuts. Since the late 19th century, many Major League Baseball (MLB) franchises have favored sites in Florida to conduct their annual spring training exercises.

Babe Ruth in Jacksonville for spring training (1920s)

Babe Ruth in Jacksonville for spring training (1920s)

Spring training in Florida really took off in the early 20th century. During the Florida land boom of the 1920s, practically every burgeoning town courted MLB franchises as part of their efforts to lure tourists and permanent residents. The biggest names in the game, such as Babe Ruth and Willie Mays, graced the sun-drenched diamonds across Florida each spring.

Willie Mays in St. Petersburg for spring training (ca. 1972)

Willie Mays in St. Petersburg for spring training (ca. 1972)

Although several MLB teams have moved their spring training facilities to Arizona, Florida continues to host spring training and minor league baseball every season.

Brooklyn Dodgers in Vero Beach for spring training (ca. 1950)

Brooklyn Dodgers in Vero Beach for spring training (ca. 1950)

Lindsey Responds:

Hey, wait a minute, Jon! You’re forgetting some very important ball players – the ladies of the All American Girls Professional Baseball League. In 1948, members of the Chicago Colleens, Fort Wayne Daisies, South Bend Blue Sox, Peoria Redwings, Rockford Peaches and Springfield Sallies participated in spring training exercises in Opa-locka, Florida; and the Florida Department of Commerce was there to capture it on film. Check it out!

Marie Wegman of the Fort Wayne Daisies arguing with umpire Norris Ward

Marie Wegman of the Fort Wayne Daisies arguing with umpire Norris Ward

All American Girls Professional Baseball League members performing calisthenics

All American Girls Professional Baseball League members performing calisthenics

Marg Callaghan sliding into home

Marg Callaghan sliding into home

Catcher Mary Rountree fields a fly ball

Catcher Mary Rountree fields a fly ball

Found a great photo of spring training in Florida that we…err Jon missed? Post your favorite images in the comments.

Tallahassee Designated Capital of the Florida Territory

On March 4, 1824, Governor William P. Duval issued a proclamation designating Tallahassee capital of the Florida territory.

Tallahassee was chosen as the location best suited for the territorial capital because it lay about halfway between Florida’s two principal towns: Pensacola and St. Augustine. Prior to Duval’s proclamation, territorial leaders alternated between Pensacola and St. Augustine for the first two sessions of the Territorial Council. Travel by land was long and arduous as no complete road linked East and West Florida. The treacherous journey by sea through the Florida Straits convinced Florida’s leading politicians of the need to establish a new seat of government within reasonable overland travel of its major settlements.

Excerpts from The Territorial Papers of the United States, Volume XXII: The Territory of Florida, 1821-1824, compiled and edited by Clarence Edwin Carter (Washington: United States Government Printing Office, 1956), 854-855.

Excerpts from The Territorial Papers of the United States, Volume XXII: The Territory of Florida, 1821-1824, compiled and edited by Clarence Edwin Carter (Washington: United States Government Printing Office, 1956), 854-855.

Excerpts from The Territorial Papers of the United States, Volume XXII: The Territory of Florida, 1821-1824, compiled and edited by Clarence Edwin Carter (Washington: United States Government Printing Office, 1956), 854-855.

The word Tallahassee derives from the Muskogee language and means “old town,” or “old fields,” in reference to the area as the former location of Apalachee villages destroyed by English and Creek raids between 1702 and 1704.

Following the destruction of the Apalachee towns and associated Spanish missions, Muskogee-speaking peoples, later known as Seminoles, migrated into the region and established communities. Andrew Jackson’s campaign of 1818, known as the First Seminole War, pushed the Seminoles out of Tallahassee. American settlers established farms and plantations in the former Apalachee fields in the 1820s.

Replica of Florida’s first Capitol, built by Boy Scouts in 1924 and modeled after the 1824 version

Replica of Florida’s first Capitol, built by Boy Scouts in 1924 and modeled after the 1824 version

 

Land Grant from the Creeks and Seminoles to Thomas Browne

On March 1, 1783, several “Kings and Warriors” representing Upper Creek, Lower Creek and Seminole towns affixed their “Names and family Marks” to a document granting British Indian Agent Thomas Browne substantial territory west of St. Augustine, Florida.

These family marks (see excerpt below) are drawings that represent Creek and Seminole clans. Visit the Significant Documents page to learn more.

Excerpt from a copy of a "Land Grant from the Upper Creeks, Lower Creeks and Seminoles to Thomas Browne..." found in Francis P. Fatio v. Philip Dewees (1838), Series 49, Box 476, Wallet 864

Excerpt from a copy of a “Land Grant from the Upper Creeks, Lower Creeks and Seminoles to Thomas Browne…” found in Francis P. Fatio v. Philip Dewees (1838), Series 49, Box 476, Wallet 864

Florida and the Civil War (February 1863)

Corn, not Cotton

Even though the North produced more agricultural goods than the South during the Civil War, at the beginning of the war in 1861, few observers would have predicted that the South, with its overwhelmingly agricultural economy and seemingly endless supply of slave labor, would find it difficult to provide adequate food supplies to its soldiers and citizens. However, a number of factors produced food shortages early on in the war and especially by 1863. By then, the continuing and growing absence of men from their farms due to military service, the impressment of food and slaves for the use of the Confederate Army, a tightening Union naval blockade, and a poor transportation system combined to spark bread riots in many Southern cities and led to increased misery on the Confederate home front, where poor families struggled to feed themselves.

Steamship docked at Apalachicola (ca. 1860)

Steamship docked at Apalachicola (ca. 1860)

Florida was not immune from these conditions. Although the state’s location far away from the main fighting fronts meant that the vast majority of its agricultural land was untouched by the enemy, most of Florida’s white men of military age were serving in the Confederate Army outside of the state by the summer of 1862. This meant that they could not be at home working to feed their families. In addition, by 1863, most of Florida’s ports were either occupied or blockaded by the U.S. Navy, so few outside supplies reached the state. Of course, blockade-runners succeeded in bringing goods to Florida’s shores, but most of these items were either luxury goods or weapons, not provisions that could feed Florida’s poor farm families. Given the swift decline in value of Confederate currency during the war, planters found they had to rely on the one crop that was still valuable enough in itself to be used to purchase needed supplies and the specialty goods that the blockade-runners provided. That crop was cotton.

Soon after the war began, individual Confederate states adopted an unofficial embargo on cotton sales and shipments to Europe. Since the textile mills of Britain and France depended on Southern cotton to produce their cloth, the embargo would, so it was reasoned, force those European counties to break the Union blockade and recognize the legitimacy of the Confederate government. Unfortunately for the South, this scenario never played out: a glut of cotton on the world market in 1861-1863 allowed Europe to get by on existing cotton stockpiles, and Britain, the world’s strongest power, turned to cotton grown in its vast Indian empire. Although Europe was not buying up Confederate cotton, and Southern families needed corn, not cotton to fill their bellies, the crop was too valuable a commodity for planters to curb its production.

Florida Governor John Milton (ca. 1861)

Florida Governor John Milton (ca. 1861)

Faced with a food crisis, some Southern governors in the cotton producing states passed legislation to force planters to plant less cotton and grow more corn to feed the general population as well as the ever hungry Confederate armies. Florida’s governor, John Milton, was one of the most vigorous proponents of increasing food production at the expense of cotton. Even though Florida exported cattle and corn to the rest of the Confederacy east of the Mississippi, Milton feared that increased Confederate dependence on Florida agriculture and the increasing difficulty for poor Floridians to produce or purchase enough food would result in food shortages within the state.

Field of shocked corn, Gainesville (1911)

Field of shocked corn, Gainesville (1911)

After the legislature refused to take up planting restrictions in its last session, Governor Milton tried to appeal to the planters’ patriotism. On February 24, 1863, he issued a proclamation to Florida’s planters that called on their sense of honor to cut cotton production for the sake of the Confederate war effort and the lives of women and children. Given the public’s loathing of war profiteering, Milton tried to instill guilt in those planters who “have been infected by the evil spirit of gain . . . and has distinguished them as despicable wretches, who would sacrifice the Confederate States and distress women and children to glut their insatiate greed for dollars and cents.” Despite this and other appeals, Milton continued to struggle with the issue of food production for the rest of the war. Florida proved to be an essential source of supply for the Confederate Army, but, as Milton feared, this left less for Floridians back home.

For the history of Florida’s economic role in the war see Robert A. Taylor, Rebel Storehouse: Florida’s Contribution to the Confederacy (Tuscaloosa: University of Alabama Press, 2003).

A. Philip Randolph (1889-1979)

A. Philip Randolph, the first president of the Brotherhood of Sleeping Car Porters, was born in Crescent City, Florida, and grew up in Jacksonville. The son of a Methodist minister, he attended the City College of New York, and later published The Messenger, a radical black magazine.

The 1937 contract between the Brotherhood of Sleeping Car Porters and the Pullman Company cut working hours, increased pay, and improved working conditions.

Randolph was also a major influence in ending discrimination in defense plants and segregation of the U.S. military. He was director of the August 28, 1963 March on Washington, D.C. — the largest civil rights demonstration in American history.

Group portrait of members attending the Brotherhood of Sleeping Car Porters convention in Washington, D.C.

Group portrait of members attending the Brotherhood of Sleeping Car Porters convention in Washington, D.C.

The membership of the Brotherhood of Sleeping Car Porters included the African-American porters and maids who worked on the railway trains. Randolph, Benjamin McLaurin, and Julius and Eliza Rosier Glass were natives of Jacksonville. Julius was a fireman on the Florida East Coast Line.

Portrait of A. Philip Randolph

Portrait of A. Philip Randolph

The David Clark

Steamer David Clark, St. Johns River (1880s)

Steamer David Clark, St. Johns River (1880s)

The David Clark, launched in Jacksonville on February 27, 1875, was built in the Brock and Stevens shipyard, registered #6865. It traveled the Jacksonville to Enterprise (on Lake Monroe) run for the Brock Line on the St. Johns River. It was sold in auction to Captain Joseph Smith in August of 1877 because of Jacob Brock’s bankruptcy.

In October of 1889, it burned in Fernandina, Florida, and was officially listed as abandoned in 1893. The steamer had a side-wheel paddle and a tonnage of 483 gross and 442 net. It was 147.5′ long, 41.4′ wide, with a depth of 7.8′. It had 51 nominal horsepower, and could make speeds of 14 knots.