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William Henry Hastie

Lawyer, judge, educator, public official, and civil rights advocate, William Henry Hastie Jr. was born on November 17, 1904 in Knoxville, Tennessee. His mother was a schoolteacher and his father a government clerk were both college graduates. He spent his childhood in Tennessee until his family moved to Washington, D.C. when he was about 10 years old when his father became a clerk with the U.S. Pension Bureau. He was extremely intelligent, and from childhood onward, excelled at academics. Rather than ride on segregated streetcars, his parents provided alternative means for young Hastie to go to school, which sometimes meant walking. In 1916 the family moved to Washington, D.C., which gave Hastie the opportunity to attend Dunbar High School, the best secondary school in the nation for African Americans. William Hastie graduated from Dunbar High School as valedictorian of his class in 1921.

He went on to Amherst College, where he again established an excellent athletic and academic record. In addition to winning prizes in mathematics and physics, he was elected to Phi Beta Kappa as a junior, serving as its president during his senior year. In 1925 he graduated magna cum laude as class valedictorian. Following graduation, Hastie was offered fellowships for graduate work at Oxford University and the University of Paris. He decided instead to accept a job at New Jersey’s Bordentown Manual School. Hastie was on the faculty until 1927, when he entered Harvard University Law School. He became not only the second African American on the Harvard Law Review, but also one of its editors. In 1930, Hastie received his LL.B. from Harvard University. This was followed by a Doctor of Juridical Science (J.D) from the same institution in 1933. After passing the bar exam in 1930 he joined his talented second cousin Charles Hamilton Houston, former dean of the Howard University Law School, on setting up a joint private practice of law in Washington, D.C.

He then joined the faculty of Howard University Law School, where he was vice dean. At Howard, he taught Thurgood Marshall, who would go on to become the first African American Supreme Court Justice. Working together with Hamilton, the two men transformed the law school from a night school into a first-class institution. Upon completion of his legal studies, Hastie became a lawyer and went into practice with his father, William, in the Washington, D.C., firm of Houston and Houston. In 1930, the National Association for the Advancement of Colored People (NAACP) decided on its legal strategy for fighting against racism, to attack the "soft underbelly" of segregation, the graduate schools. Hastie, Houston, and Marshall became the principal architects of that strategy. In 1933 Hastie was one of the lawyers who argued the first of these cases, Hocutt v. University of North Carolina. Although the case was lost, Hastie’s talent and potential came to the attention of others. It laid the groundwork for future cases that would lead to the end of legal segregation in the United States.

In 1933 Hastie became one of the first African American members of the Franklin Roosevelt Administration. He was appointed the President’s race relations advisor. From 1933 to 1937 he served as assistant solicitor for the United States Department of the Interior, advising the agency on racial issues. Later he was given the post of assistant solicitor for the Department of Interior. While working for the department, he wrote the constitution for the U.S. Virgin Islands. President Roosevelt was so impressed with Hastie’s talent and performance that in 1937, in a history-making action, he appointed Hastie to the U.S. District Court of the U.S. Virgin Island, making Hastie the first Black federal judge, where he served for two years. The appointment, made while segregation was still legal in the United States, drew considerable resistance. Senator William H. King of Utah, chairman of he Senate Judiciary Committee at the time, called the appointment a “blunder.” Despite this resistance, Hastie was confirmed and took the bench as the first African American United States District Judge.

In 1939, Hastie resigned from the court to become the Dean of the Howard University School of Law, where he had previously taught. He turned his intellectual firepower against legal segregation. With Thurgood Marshall and Charles Hamilton Houston, he argued successfully  in Smith v. Allwright, (1941) that a Texas all-White primary election law violated the Fifteenth Amendment. The team persuaded the Court that the practice of holding all-white party primaries, which effectively denied African Americans the right to vote, was unconstitutional. The case set a vital precedent for later Supreme Court civil rights decisions. This legal strategy ultimately led to the Supreme Court’s rejection of the separate-but-equal doctrine in Brown v. Board of Education in 1954. He also joined with Marshall five years later in arguing Morgan v. Virginia. They persuaded the Court that a Virginia law imposing segregation on interstate buses unconstitutionally burdened the uniform flow of commerce. Smith and Morgan were critical victories in the NAACP's attack on the South's dual system of race relations: the former leveled a barrier to black voting; the latter marked the first victory in a transportation case.

In the meanwhile, President Roosevelt brought Hastie back into government service during World War II. Concerned that racial tensions could undermine the war effort, Hastie worked as a civilian aide to the United States Secretary of War Henry Stimson from 1940 to 1942. He vigorously advocated the equal treatment of African Americans in the United States Army and their unrestricted use in the war effort. On January 15, 1943, Hastie resigned his position in protest against racially segregated training facilities in the United States Army Air Forces, inadequate training for African-American pilots, and the unequal distribution of assignments between Whites and non-Whites. According to the New York Times, Hastie reasoned, “The simple fact is that the air command does not want Negro pilots flying in and out of various fields, [and] eating, sleeping and mingling with the other personnel, as a service pilot must do in carrying out his various missions.” Hastie did not go quietly. Rather, he publicly registered his opposition to racism and discrimination in the armed forces.

After his resignation, Hastie continued speaking out on the military’s segregation policies. That same year, he received the highest award from the National Association for the Advanced of Colored People (NAACP), the Spingarn Medal, both for his lifetime achievements and in recognition of this protest action. Hastie’s resignation and public protest did not dim his prospects for future government service. He returned to his duties at Howard University School of Law. However, his protest prompted the Army and Navy to begin limited experimentation with integrated units. The New York Times would later determine that Hastie “was instrumental in shaping some of the strongest attacks made by the NAACP against segregation in education and public service.

In 1946, President Harry S. Truman appointed Hastie as Territorial Governor of the United States Virgin Islands. He was the first African American to hold this position. Hastie served as governor from 1946 to 1949. That same year Hastie received an appointment from President Harry S. Truman on October 21, 1949, to the United States Court of Appeals for the 3rd Circuit Court of Appeals, which presided over not only the Virgin Islands but also New JerseyPennsylvania, and Delaware, becoming the first Black federal appellate judge. Several senators tried to block his confirmation for more than six months. He was confirmed by the U.S Senate on July 19, 1950, and received his commission on July 22, 1950, the same year his friend and colleague Charles Houston died. His elevation was a major civil rights milestone during Truman’s presidency. That was the highest judicial position held by an African American at the time.

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