NAACP – Nashville Historical Newsletter

A History of African-American Lawyers in Nashville

by Lewis L. Laska

African-American lawyers have practiced in Nashville at least since 1868, when Alfred Menefee, a grocer, received a license to practice before justices of the peace. Menefee thus became the first black office holder in Nashville, also being named magistrate by 1897. Nineteenth century licensing, rather informal, involved two types of licenses for attorneys. The lesser license allowed one to practice before the magistrates and could be obtained simply by gaining approval from a panel of justices and paying a fee. The “regular” license allowed a lawyer to practice in circuit and chancery courts. The approval process required an oral bar exam conducted in open court, where a panel of practicing attorneys peppered the applicant with questions. Judges freely signed licenses, even for black lawyers, but records were not carefully preserved, so the name of Nashville’s first African-American attorney is unknown.

·*Gavel and court minutes at the Minnesota Judicial Center (photo by Jonathunder, 2008)*

Black lawyers generally needed a white mentor in order to succeed. One of the earliest African Americans to practice in Nashville was Prince Albert Ewing, who studied law under the influential lawyer/politician Edward Baxter. Born into slavery, Ewing had eventually become a Fisk graduate. Many local historians believe that when he obtained a “regular” attorney’s license on September 15, 1871, he was likely the first African American to do so.

His twin brother, Taylor E. Ewing Sr., was the attorney for the National Baptist Publishing Board, and was almost certainly the first black lawyer to represent a corporate client.

William H. Young began practicing law in 1880. He wrested the Republican Party from white control in 1888 and actually carried Davidson County in a race for Congress.

The first African American law school in the South was established in 1879 at Central Tennessee College, later known as Walden University. In 1897 the school graduated the first black female attorney, Lutie A. Lytle, who was also its first black female law professor. The school continued to graduate two or three students each year until it closed in 1903.

*Samuel A. McElwee, from composite photograph of the 45^th Tennessee General Assembly, House of Representatives, 1887-1888.*

The most famous Central Tennessee alumnus was Samuel A. McElwee (1859-1914), one of the earliest black members of the Tennessee House of Representatives. He served three terms (1883-1888) and was nominated for Speaker of the House in his second term. Although he did not win the position, he did receive all the Republican votes in a Democrat-controlled General Assembly. A powerful voice for fair treatment of blacks, he delivered a nominating speech for the vice-presidential candidate (William R. Moore) at the 1888 Republican National Convention. Surprisingly, McElwee told a biographer in 1902 that his color had not been an obstacle to his law practice, and that he had received due recognition from judges and the legal fraternity in general. Another Central Tennessee alumnus, George L. Vaughn, would later convince the Supreme Court (in Shelley v. Kraemer, 1948) to declare that courts could not enforce real estate covenants that restricted the purchase or sale of property based on race.

Although Tennessee passed the first anti-Ku Klux Klan law in 1865 – a law which is still on the books – it was also one of the first states to enact a Jim Crow (segregation) law. Chapter 130 of the Acts of Tennessee (1875) permitted discrimination in public places, from hotels and theaters to trains and streetcars. Among many other constraints on African American liberties, Jim Crow law and custom militated against black professionals, including lawyers. It was soon literally impossible for blacks to study law in the state because no black law schools existed in Tennessee after 1903, and a 1901 statute forbade teaching both races in the same school, public or private. By 1910 only one or two African Americans received law licenses each year in Tennessee.

· *James C. Napier, Colored American Newspaper, Washington, D.C., 2 Nov 1901, p. 1*

Probably the two best-known black lawyers during that era were James C. Napier and Robert L. Mayfield, who represented widely different roles African American lawyers were likely to play in the profession. Napier (1845-1940) was a protégé of accommodationist Booker T. Washington, who promoted advancement of the race by working quietly within the system. Napier was rewarded with one of the nation’s top patronage positions available to blacks: registrar of the United States Treasury (1911-1913) under President William H. Taft. J. C. Napier was not exclusively an attorney. His business ventures included banking and street railways, and at one time he was a trustee of three black colleges. On the other hand, the legal career of Robert Mayfield (1874-1921) consisted almost entirely of litigations against Jim Crow laws and practices. Unfortunately, his work was flawed by technical errors, and he was blamed for mishandling an important 1905 suit against the L&N Railroad Company regarding racial discrimination. Quite unlike the highly principled Napier, Mayfield led a rather dissolute life and was ultimately disbarred in 1919.

· *Jubilee Hall, Fisk University, Historic American Buildings Survey. Retrieved from the Library of Congress <www.loc.gov/item/tn0017/>*

By the 1920s both races had come to regard African American lawyers as marginal to the legal system. Black attorneys tended to be entrepreneurs who sold insurance and real estate, and who promoted such shady public entertainments as boxing matches. Of the nine black lawyers living in Nashville in 1920, only four were practicing their profession full-time.

There were, however, exceptions. The prototypical “new” lawyer – college educated and law-school trained – was Walter W. Walker (1895-1948), who opened his Nashville practice in 1928 and soon became president of the local NAACP chapter. Among other efforts, he filed a lawsuit to equalize teacher pay, thus becoming the first actual civil rights attorney in Nashville.

Previously published in David C. Rutherford, Bench and Bar II, Nashville Bar Foundation, 1981. Used by permission of the author.

Nashvillians Who Stood behind the Sit-ins: C. The Quiet Allies

by Kathy B. Lauder.

We would be remiss if we neglected to mention some of the quiet heroes who provided support to the protests with their time, money, and encouragement. Among the most generous were two Nashville couples – Dr. Charles and Mary Celeste Richardson Walker, and Dr. McDonald and Jamye Coleman Williams.

Georgia native Charles Julian Walker (1912-1997) earned his M.D. from Meharry in 1943 and opened a medical office in Nashville four years later. So devoted was he to his practice, he once agreed to see a patient when he was hospitalized himself! Deeply committed to the civil rights movement, he worked tirelessly behind the scenes, pressuring local leaders to take immediate action after the bombings of Hattie Cotton School (1957) and the Looby home (1960). He and his wife also quietly posted bail for many of the students arrested during the sit-ins. Walker served briefly in the Tennessee House after being appointed to fill a vacancy in his district, and he was a Fisk University trustee during the 1970s, encouraging the university to become more accountable to the community. According to his longtime friend, Tennessee Supreme Court Chief Justice Adolpho A. Birch, he was “fierce” and relentless in urging politicians and businessmen to invest in struggling low-income communities and to expand and diversify the work force. An outspoken champion of prison reform, he was a tireless advocate for prisoners’ rights. Although Dr. Walker was known for his energy and optimism, the loss of his beloved wife Mary in 1994 sent him into a downward spiral from which he never fully recovered.

*Nashville student protestors crammed into jail cells.* (*Photo courtesy of Civil Rights Movement Archive)*

Mary Celeste Richardson Walker (1910-1994) demonstrated a lifelong concern for social justice. Her parents divorced when she was a toddler, and she grew up in the home of her grandparents, Fire Captain Reuben B. Richardson and his wife. She attended Nashville city schools and earned bachelor’s and master’s degrees from Fisk University. When Dr. C.J. Walker met her in early 1942, he was immediately smitten. The Meharry graduate promptly proposed, and the couple married, as Walker liked to say, “five weeks after I first laid eyes on her.” That fall Mary began a 30-year career teaching English at Pearl High School, where she earned a reputation for being tough but fair, showing particular concern for disadvantaged and at-risk students. She and her husband shared a strong commitment to supporting the young civil rights demonstrators in Nashville, providing generous financial and moral support to the movement. Shortly after Mary retired from teaching, Governor Lamar Alexander appointed her to the state parole board, where her even-handed approach to the situations they faced won the profound respect of both inmates and judicial authorities. A member of Church Women United, educational advisory boards, and other civic organizations, she was a trustee of Scarritt College, as well as a lifetime member of the NAACP.

A native of Pittsburgh, Pennsylvania, McDonald Williams (1917-2019) came to Nashville with his wife Jamye Coleman Williams in 1958, he as an English professor specializing in 19^th century English literature, and she as chair of the Tennessee State University Communications Department. When TSU initiated its Honors Program in 1964, Mac Williams was appointed director, serving in that position until his retirement in 1988. Together the couple edited the A.M.E. Church Review and The Negro Speaks: The Rhetoric of Contemporary Black Leaders, and they provided valuable support to Nashville’s civil rights activities. The Williamses received many awards for their service, including the Otis L. Floyd Jr. Award from Saint Bernard Academy, the Joe Kraft Humanitarian Award from the Community Foundation of Middle Tennessee, and the Human Relations Award from the National Conference of Christians and Jews. In 1995 a room in the newly remodeled Northwest YMCA building was dedicated to Dr. Williams, a longtime board member. He died in Atlanta at age 101.

*Jayme Coleman Williams with husband Mac* (*photo courtesy of The Community Foundation of Middle Tennessee*)

The daughter of a Kentucky minister, Jayme Coleman (1918-2022) earned a B.A. with honors from Wilberforce University at age 19 and an M.A. from Fisk the following year. She taught English at Wilberforce and three other HBCUs before earning a doctorate in speech communications at Ohio State University. In 1959 she began teaching at Tennessee State University, and she was named department head in 1973. She and her husband, educator McDonald Williams, were valuable organizers and supporters of the Nashville sit-in movement, later playing an active role in the development of the Community Foundation of Middle Tennessee, where their efforts earned them the Joe Kraft Humanitarian Award of the CFMT in 2002. A lifelong member of the A.M.E. Church, Jamye Williams was a member of the board of the United Council of Churches, president of the 13^th District Lay Organization, and editor of the AME Church Review, the oldest African American literary journal. A member of the NAACP Executive Committee, she received the organization’s Presidential Award in 1999. She lived to be 103 years old.

You might enjoy these two short video clips of an interview with McDonald and Jamye Coleman Williams: A. and B.

Some of this material has been adapted from the Greenwood Project.

Important books about the Civil Rights Movement in Nashville:

John Egerton: Speak Now Against the Day: The Generation Before the Civil Rights Movement in the South (winner of the Robert F. Kennedy Book Award)
David Halberstam: The Children
John Lewis: Walking with the Wind
Bobby L. Lovett: The Civil Rights Movement in Tennessee

Nashvillians Who Stood behind the Sit-ins: B. The Attorneys

by Kathy B. Lauder and Tara Mielnik.

The Civil Rights Movement in Nashville was led, for the most part, by college students and their instructors in the techniques of nonviolent protest. The Nashville sit-ins became a model for many other successful desegregation efforts across the nation. However, working in the background to support the protestors were some remarkably gifted individuals. Lawyers, journalists, educators, and many other local citizens donated their time and their skills to support the movement.

*Z. A. Looby* (*from Tennessee Portrait Project*)

Attorney Z. Alexander Looby (1899-1972), who became a powerful force behind the protestors, came to the U.S. from Antigua at 15. He earned degrees from Howard (A.B., 1922), Columbia (LL.B., 1925), and NYU (J.D., 1926). Following his move to Nashville, he taught economics at Fisk University, passed the Tennessee bar, and became legal director of the NAACP. In 1946, when Thurgood Marshall came to Columbia, Tennessee, to represent 25 black citizens after an outbreak of racial violence, he requested Looby’s help in mounting their defense. They successfully won acquittals for nearly all of them. After State Senator Ben West, soon to become mayor of Nashville, guided a charter reform bill through the General Assembly, which allowed voters to elect city council members from individual districts, rather than choosing all of them at large. As a result, in 1951 local black residents were able to elect the first two African American council members since 1911 – attorneys Z. A. Looby and Robert Lillard. Five years later Looby and Avon Williams were the plaintiff’s attorneys in Kelley v. Nashville Board of Education, which ultimately ended Nashville school segregation. Looby, Williams, Robert Lillard, Coyness Ennix, and Adolpho Birch led the volunteer legal team for student protesters during the 1960 Nashville sit-ins. When Looby’s house was dynamited in April 1960, nearly 3,000 demonstrators marched to the court house to confront Mayor Ben West, whose unprecedented support soon (May 10 1960) ended lunch counter segregation in Nashville. By October, Looby’s legal team managed to have all the charges “for conspiracy to disrupt trade and commerce” dismissed against 91 student protesters. Looby was a city/Metro councilman for 20 years and a founder of Kent College of Law.

*Avon N. Williams Jr.* (*courtesy of Williams family*)

Looby’s partner in many of his precedent-setting legal events was his former intern, Avon Nyanza Williams Jr. (1921-1994). A native of Knoxville, Williams earned an L.L.B. (1947) and an L.L.M. (1948) from Boston University. After interning with Looby in Nashville, he set up a law practice in Knoxville, often working closely with the NAACP Legal Defense Fund. Williams filed Tennessee’s first school desegregation case (Anderson County, 1950), and his lawsuit to admit African American students to the UT graduate school (1951) was one of seven discrimination cases he argued before the U.S. Supreme Court. In 1953 he moved to Nashville, partnered with Looby, and took an active (and mostly unpaid) role in civil rights cases ranging from lunch counter and school desegregation to housing discrimination. A founder of the Davidson County Independent Political Council and the Tennessee Voters Council, he was one of Tennessee’s first two African American state senators, serving from 1969-1990. His lawsuit to merge UT Nashville with TSU led to a landmark legal decision and the renaming of the downtown campus after him.

*The attorneys in court: front row from left, Adolpho Birch, Robert Lillard, Coyness Ennix, and Avon Williams (Nashville Banner Archives, Special Collections, Nashville Public Library)*

Alabama teenager Coyness Loyal Ennix Sr. (1901-1984) came to Nashville to attend Roger Williams University. Later, having graduated from Howard University Law School (1931), he returned to Nashville, where he and Z. Alexander Looby founded Kent College of Law to train other African American attorneys. Known for his flamboyant style of dress, Ennix was well known as a civic and political leader in Nashville’s black community. In the late 1940s he founded The Solid Block, a political organization which helped abolish Tennessee’s poll tax and supported African American candidates. Ennix himself ran for City Council (1951) but lost to Looby and Robert Lillard, Nashville’s first black councilmen in 40 years. Ennix was the first African American to serve on the Nashville Housing Authority and the Nashville Auditorium Commission. He was also the first black member of the Board of Education, serving during the arduous school desegregation process. One of thirteen volunteer defense attorneys for students arrested during the February 1960 Nashville Sit-ins, he was an active member of First Baptist Church, Capitol Hill, site of many Civil Rights training sessions.

*Robert E. Lillard (photo courtesy of African American Registry)*

Commercial college graduate Robert E. Lillard (1907-1991) worked as a garage attendant in order to take night classes at Kent College of Law, while also organizing the 15^th Ward Colored Voters and Civic Club. After being admitted to the bar (1936), he opened a law practice and drove a fire truck for Engine Company No. 11. In 1951, ignoring bribes and threats, he ran for city council, joining Alexander Looby as the first black council members since Solomon Harris (1911). During his 20 years of service, Lillard never missed a regular council meeting. He assisted in desegregating the Parthenon and helped make Cameron High School the city’s second African American secondary school, and he joined other black lawyers volunteering their legal services during the 1960 sit-ins. The first African American vice mayor pro tem (1967), he was admitted to plead in the U.S. Court of Appeals, Sixth Circuit Court, and U.S. Supreme Court, and he served as judge of the First Circuit Court, Tenth Judicial District.

Adolpho A. Birch (1932-2011), the son of an Episcopal priest, grew up in Washington, D.C., and earned both his B.A. and J.D. from Howard University. During his term of service in the U.S. Navy, he studied for and passed the bar exam (1957), a year before his honorable discharge. After moving to Nashville (1958), he opened a private law practice with Robert Lillard, also teaching law courses at Meharry Medical College, Fisk University, and Tennessee A&I (now Tennessee State University). He was part of the volunteer legal team who defended student protestors during the Nashville Sit-ins. He was named assistant public (1963); assistant district attorney (1966 – the first black prosecutor in Davidson County); General Sessions Court judge (1969); Criminal Court judge (1978); and first black presiding judge over the Trial Courts of Davidson County (1981, the same year he became an instructor at the Nashville School of Law). The only person, black or white, to serve in every level of the Tennessee judiciary system, he was appointed to the Court of the Judiciary (1983) and the Tennessee Court of Appeals (1987). In 1990 he became only the second African American to sit on the Tennessee Supreme Court. Four years later his fellow justices selected him as Chief Justice (October 1994-May 1996), making him the first African American to hold that position. After being confirmed for another eight-year term, he again served as Chief Justice (July 1997-August 1998 and September 1999-August 2001). He retired at the end of his second term (September 2006). He received many awards during his years of service, including a Lifetime Achievement Award from the American Civil Liberties Union of Tennessee, who called him a “beacon for equality.” He died of cancer on August 25, 2011. The Davidson County Criminal Courts now meet in the A. A. Birch Criminal Justice Building, dedicated in his honor in 2006.

*Robert Churchwell Jr.* (*photo courtesy of Afro-American Historical & Genealogical Society*)

It was not only attorneys who assisted the protestors in the Nashville civil rights movement. Newsman Robert Churchwell Sr. (1917-2009) graduated from Pearl High School (1940) before being drafted (1942) and assigned to a WWII engineering unit. Suffering terribly from misdiagnosed PTSD, he graduated from Fisk in three years by attending both Fisk and Tennessee A&I. His earliest publishing attempts were unsuccessful, but they eventually brought his talents to the attention of the Nashville Banner editor, a racial separatist who disdained African Americans but realized he needed to sell papers in the black community for economic reasons. When Churchwell reluctantly took the job writing “Negro news,” he became one of the first black journalists on any white Southern municipal newspaper. He had to carry his stories into the news office from home – he worked there for five years before he had a desk in the newsroom. He authored articles about Nashville school desegregation, interviewing both black and white educators, and he covered the 1960 sit-ins, but the Banner refused to publish stories about the protests. After Churchwell’s 1981 retirement, his pioneering efforts finally won appropriate recognition, including the establishment of Nashville’s Robert Churchwell Museum Magnet Elementary School (2010).

Some of this material has been adapted from the Greenwood Project.