10 Revolutionary Facts About Thurgood Marshall

Keystone/Getty Images
Keystone/Getty Images

Before he became the first African-American justice on the Supreme Court, Thurgood Marshall was already a powerful civil rights pioneer: He argued 32 cases in front of the Supreme Court in his work as a lawyer for the National Association for the Advancement of Colored People (NAACP) in the '40s and '50s. He won 29 of those cases, including landmark decisions about school segregation and voting rights. And although his name is synonymous with the civil rights battles of the 1950s, Marshall was also at the forefront of debates about police brutality, women’s rights, and the death penalty.

Over 50 years after his historic appointment to the nation’s highest court, Marshall is remembered both for his trailblazing work and for his big personality. (Justice Marshall was a devoted fan of Days of Our Lives and as solicitor general was known to “drink bourbon and tell stories full of lies” with President Lyndon Johnson.) Here are a few things to know about this civil rights hero and legal pioneer, who was born on this day 110 years ago.

1. HE WASN'T ALWAYS THURGOOD.

Thoroughgood Marshall was born in Maryland in 1908. Young Thoroughgood would eventually change his name to Thurgood. He once admitted, “By the time I reached the second grade, I got tired of spelling all that out and had shortened it to Thurgood.”

2. HE LEARNED ABOUT LAW FROM HIS FATHER.

As a child in Baltimore, Marshall developed an interest in the law when his father William, a country club steward, took him to observe legal arguments at local courts. Thurgood and his father then had lengthy discussions around the dinner table during which Thurgood’s father fought every statement his son made. Justice Marshall said of his father in 1965, “He never told me to be a lawyer, but he turned me into one.”

3. AS A YOUNG LAWYER, MARSHALL FOUGHT FOR AFRICAN-AMERICAN TEACHERS TO BE PAID FAIRLY.

During his time at Lincoln University (where he graduated with honors in 1930), Marshall’s family struggled to afford the tuition. His mother, Norma, who worked as a teacher, pleaded each term with the university’s registrar to accept late payments, whenever she could scrape together enough money to pay the cost of attendance.

Marshall tackled equal pay for African-American teachers after he graduated from Howard University’s law school in 1933. Six years later, Marshall won a big victory for teachers like his mother, when a federal court struck down pay discrimination against African-American teachers in Maryland. Marshall went on to fight for teacher pay equality in 10 states across the South. And many of his most well-known legal battles were fought against discrimination in public education, like Brown v. Board of Education (1954).

4. HE WORKED A NIGHT JOB AT A BALTIMORE HEALTH CLINIC DURING SOME OF THE BIGGEST LEGAL BATTLES OF HIS EARLY CAREER.

Marshall fought to make ends meet as a young lawyer. In 1934, he took a second job at a clinic that treated sexually transmitted diseases. Marshall worked at the clinic even as he prepared for the landmark case to integrate the University of Maryland. When he moved to New York in 1936, Marshall did not officially quit his night job—he merely requested a 6-month leave of absence from the clinic, according to biographer Larry S. Gibson. But Marshall never returned to his night job. By 1940, he had become the Director-Counsel of the NAACP Legal Defense Fund.

5. MARSHALL RISKED HIS LIFE WHILE FIGHTING CIVIL RIGHTS BATTLES.

Thurgood Marshall holds NAACP sign with other civil rights leaders
Marshall (far right) held up an NAACP sign with other leaders from the organization (from left to right) director of public relations Henry L. Moon, executive secretary Roy Wilkins, and labor secretary Herbert.
Al. Ravenna, Library of Congress

While working for the NAACP in 1946, Marshall traveled to Columbia, Tennessee to defend a group of African-American men. Marshall and his colleagues feared for their safety after the trial and tried to leave town fast. But, according to biographer Wil Haygood, they were ambushed by locals on the road to Nashville. Marshall was arrested on false charges, placed in a sheriff's car, and driven quickly off the main road. His colleagues—who were told to keep driving to Nashville—followed the car, which then returned to the main road. Marshall said that he would have been lynched if not for the arrival of his colleagues.

6. HE WAS BOTH AN INFORMANT AND A SUBJECT OF AN FBI INVESTIGATION DURING THE RED SCARE.

In the 1950s, Marshall tipped off the FBI about communist attempts to infiltrate the NAACP. But he was also the subject of FBI investigation, under the direction of J. Edgar Hoover. According to FBI files, critics tried to connect Marshall to communism through his membership in the National Lawyers Guild, a group that was called "the legal bulwark of the Communist Party” by the notorious House Un-American Activities Committee. Later, after he was nominated to the Supreme Court, Marshall’s opponents tried again to tie him to communism, but the FBI couldn't find any communist ties.

7. AFTER A ROCKY START, PRESIDENT KENNEDY APPOINTED MARSHALL TO HIS FIRST JUDICIAL ROLE.

President John F. Kennedy sent his brother Bobby to meet with Marshall about civil rights in 1961. But Marshall did not hit it off with the Kennedys and felt his experience on the topic was being discounted. According to Marshall, Bobby “spent all his time telling us what we should do.” Still, a few months later, Kennedy nominated Marshall to serve on the U.S. Court of Appeals. It took a year for the Senate to confirm his nomination, over the objection of several southern Senators.

8. PRESIDENT LYNDON JOHNSON NOMINATED MARSHALL TO THE SUPREME COURT IN 1967, AFTER HE CREATIVELY ENGINEERED AN OPENING ON THE COURT.

In 1967, President Johnson wanted to put Marshall on the Supreme Court—but there wasn't a vacancy, so Johnson decided to do a little political maneuvering. According to the most common version of what happened, Johnson appointed Justice Tom Clark’s son, Ramsey, as the Attorney General, which made the elder Clark—who feared a conflict of interest—retire on June 12, 1967. Johnson officially nominated Marshall as his replacement the next day.

9. MARSHALL HAD TO UNDERGO AN INTENSE SENATE CONFIRMATION HEARING BEFORE TAKING HIS SEAT ON THE SUPREME COURT.

Marshall was sworn in to the Supreme Court on October 2, 1967. But before he took the oath of office, he had to survive a grueling wait, as several senators from southern states worked to derail his nomination. For four days in July 1967, those senators questioned Marshall about his legal philosophy and imposed a quiz about political history, reminiscent of a Jim Crow-era literacy test. Marshall was subjected to more hours of questioning than any Supreme Court nominee before him. Finally, on August 30, the Senate voted to send him to the Supreme Court.

10. HIS LEGACY IS STILL DEBATED.

Official Surpreme Court photo of Thurgood Marshall
Official U.S. Supreme Court portrait of Justice Thurgood Marshall in 1976

Robert S. Oakes, Library of Congress

Marshall had a perfect record of supporting affirmative action and opposing capital punishment during his tenure on the Supreme Court. But he grew frustrated with the Court in the 1980s and announced his retirement in 1991. Then, in 2010, President Barack Obama nominated one of Marshall’s former clerks to the Supreme Court. During Elena Kagan’s confirmation hearing, senators questioned her connection to Marshall and criticized his record. But Kagan speaks fondly about Marshall: “This was a man who created opportunities for so many people in this country and improved their lives. I would call him a hero. I would call him the greatest lawyer of the twentieth century.”

Interactive Version of a Classic Color Manual Used By Charles Darwin Is Now Available Online

iStock
iStock

Scientists who study the natural world do more than tally numbers. Sometimes making an accurate scientific observation comes down to finding the perfect word to describe the shade of dried lavender flowers or the breast of a screech owl. In the 19th century, naturalists had Werner's Nomenclature of Colours to refer to—and now anyone looking to expand their color vocabulary can access the book's contents online, Fast Company reports.

Published in 1814, painter Patrick Syme designed the guide based on the work of geologist Abraham Gottlob Werner. It features 110 distinct hues, each with a name, number, and a list of the animals, plants, and/or minerals that feature it in nature. Prussian blue, for example, naturally occurs in blue copper ore, the stamina of bluish purple anemone, and the spot on a mallard drake's wing, while wine yellow can be found in the saxon topaz, white currants, and the body of a silk moth. The book was used as a handy reference guide by researchers recording observations the field, including Charles Darwin.

Now, using free scans of the book from the Internet Archive, designer Nicholas Rougeux has transformed it into an interactive digital experience. The original color swatches and descriptions are included, as well as some modern additions. Click on a color and the entry will expand to show photographs of the plants, animals, and minerals mentioned. Rougeux has also made posters based on the manual available on the website.

Werner's Nomenclature of Colours may have been the color bible of its time, but it still covers just a fraction of all the shades that have been named. After exploring the digital guide online, continue to grow your knowledge with this color thesaurus.

[h/t Fast Company]

How Lewis Keseberg Was Branded the Killer Cannibal of the Donner Party

Wikimedia Commons // Public Domain
Wikimedia Commons // Public Domain

When the last of four relief teams arrived at a lakeside camp in the Sierra Nevada mountains on April 17, 1847 to recover what was left of the Donner Party, the log cabins built by the marooned pioneers were silent. Stranded there since the previous November—when the party realized the snow was too high and their cattle too weak for all 80 or so of them to travel safely over the summit blocking the last leg of their journey to California's Central Valley—they'd had little food on which to survive. First they slaughtered their cattle, then their dogs—and then, when rescue didn't come, they began to eat the dead. According to one account, the last relief team found human remains—battered skulls and bones stripped of flesh—scattered over the area, among other sights "too dreadful to put on record."

The scene was similar at George Donner’s tent, a few miles from the cabins at Truckee Lake. The doomed group’s namesake had been seen by an earlier rescue party on the cusp of death and in the care of his wife Tamzene. Now the tent was empty, and a pot filled with human meat stood at the front of it. George's split-open head, emptied of its brain, was found nearby. The only sign of life was a set of fresh footprints marking the snow.

After a physically and emotionally grueling day, the relief team was exhausted. They decided to make camp for the night, with plans to investigate the tracks further once they'd had a chance to rest. Setting out on the 19th, they followed the prints to Lewis Keseberg, a blue-eyed, 32-year-old German immigrant and the sole survivor at Truckee Lake.

The sight of men bearing provisions should have been a welcome one for Keseberg. But they had found him in a compromising position: Tamzene Donner, who had been in decent health when the last relief team saw her, had disappeared—and Keseberg was preparing himself a meal of fresh human lungs and liver. What’s more, he was carrying $225 worth of gold stolen from the Donners' coin hoard in his waistcoat. To the rescue party, it looked as though Keseberg had violated one of humanity's greatest taboos, one that went beyond mere cannibalism: Murdering a person—Tamzene—to feast on her body.

A SUSPICIOUS CHARACTER

When Keseberg had joined the Donner Party less than a year earlier, pioneers spurred on by the idea of Manifest Destiny were pouring into the West by the thousands. California promised mild weather year-round and fertile farmland—and the Donner and Reed families of Illinois wanted a piece of the bounty. Keseberg, his pregnant wife Elisabeth Philippine, and his 3-year-old daughter Ada were among the people who decided to join their covered wagon train in the spring of 1846 as it rolled through the heart of America toward the Golden Coast.

The stories that would later be told about Keseberg started with his behavior on the trail. He reportedly acted cruelly toward his own family—ignoring his daughter and abusing his wife—and often didn't treat other members of the party any better. On October 5, James Reed murdered a teamster during a quarrel involving oxen, and Keseberg vocally supported Reed's execution. The other men refused to hang Reed in front of his wife and children, and instead agreed to leave him in the desert without food or weapons.

That same week, Keseberg ejected an elderly Belgian man named Hardcoop from his wagon to relieve his tired cattle. The man’s legs had given out just days before, and he was unable to keep up with the party on foot. The last anyone saw him, Hardcoop was catching his breath in the brush, his feet black and bloodied.

Damning behavior aside, Keseberg’s personality wasn’t winning him any popularity contests. In his account of the ordeal [PDF], an emigrant named Jacob Wright Harlan characterized Keseberg as an eccentric, antisocial man who mostly kept to himself. He also struck Harlan as someone "predisposed to derangement of mind"—and this was before the tragedy.

“Keseberg was his own worst enemy,” Michael Wallis, author of The Best Land Under Heaven: The Donner Party in the Age of Manifest Destiny, tells Mental Floss. “His overall demeanor set the stage for the eventual vilification of him.”

TRAGEDY AT TRUCKEE LAKE

The Sierra Nevada, a roughly 70-mile-wide mountain range snaking through California and parts of Nevada, presented one of the biggest obstacles of the Donner Party's trip. The mountains become impassable in the winter when the snow piles up; to get ahead of the weather, the group should have departed from Missouri in mid to late April. But the first members of the Donner expedition didn't leave Independence, Missouri, until May 12. To make matters worse, the winter of 1846-1847 was especially brutal in the area: About 20 storms pummeled the mountains that season, adding up to 25 feet of snow.

By December, winter had crept up on the travelers and immobilized them under its weight. Unable to continue any further with their belongings, most of the emigrants, including the Kesebergs, made camp for the season at Truckee Lake, while the strongest among them formed what would come to be known as the Forlorn Hope Party, strapped on snowshoes, and set out in search of help. Though they were just 150 miles from their destination of Sutter’s Fort in California, a wrong turn set the Forlorn Hope fatally behind schedule.

Donner Lake (formerly Truckee Lake) as viewed from Donner Pass.
Donner Lake (formerly Truckee Lake) as viewed from Donner Pass.
© Frank Schulenburg, Wikimedia Commons // CC BY-SA 3.0

Weeks passed, but the peak over which the Forlorn Hope Party had disappeared remained white and still, and the remaining members at the lake camp began succumbing to the cold and hunger. Those who died early on provided a shot at survival to the people around them: With starvation gnawing at their insides, a source of fresh meat—even if it belonged, as it did in many cases, to their closest kin—was often impossible to ignore. Roughly half the party, including most of the Forlorn Hope, engaged in cannibalism that winter. Those who did were haunted by their actions for the rest of their lives.

Lewis Keseberg never denied cannibalizing Tamzene Donner. When the final rescue party interrogated him on her whereabouts, he admitted to eating her flesh to survive, but he rebuffed any accusations that he had murdered Tamzene rather than waiting to butcher her only after she died of natural causes. As for the gold lining his trousers, and the bundle of stolen silks, jewels, and firearms found in his cabin, Keseberg eventually confessed to taking George Donner’s goods—but only upon request from Tamzene herself. As he told it, Tamzene left the tents after her husband died and slipped and fell into a creek on her way to his cabin. When she arrived she knew she didn’t have much time left, and asked Keseberg to gather up the money George Donner had hidden and return it to her children at Sutter’s Fort. She died later that night.

The rescue team didn’t fully buy his story, but they begrudgingly decided to lead him back to the central California valley where the rest of the party had ended up, so that a jury of his peers could decide his fate. After a slog across the Sierra Nevada, Keseberg reunited with his wife—who had been rescued by the first relief party (their daughter Ada and a child born on the trail both died of starvation)—and for the first time in months, sat down to enjoy a hearty meal that didn’t consist of dog, cattle, or human meat.

"BETTER THAN CALIFORNIA BEEF"

After Keseberg's return to civilization, news of the “Donner Party Tragedy” rippled across the nation by way of newspapers and word of mouth. The cannibalism aspect gripped the American consciousness, and Keseberg was cast as the savage who ate humans not just for sustenance, but for pleasure. Journalists dubbed him the “human cannibal” and began reporting the murder of Tamzene Donner—which had never been verified—as fact. Gossipers added their own embellishments to the account. According to one telling, which allegedly came from the surviving Donner Party children, Keseberg had taken a young boy to bed with him one night and killed him by morning, later hanging his carcass on the wall like a slab of game.

The most persistent rumor may have come from Keseberg himself. The story goes that after settling in California, he would frequent the local bars and brag about his escapades in cannibalism to anyone who would listen. In this version, Keseberg claimed human meat was more delicious than California beef, and described Tamzene Donner’s liver as the sweetest bite he had ever tasted.

It's easy to see how rumors like these could snowball. But according to Wallis, even if Keseberg did say these things, they don’t necessarily prove his guilt. “To people who know about the human mind and know what starvation and hyperthermia can do to you, it’s not too much out of the ordinary for him to say something like that,” he explains. Post-traumatic stress disorder is known to provoke psychotic symptoms, such as hallucinations and delusions, although it's unclear whether this was the case with Keseberg.

Whatever the source of the grisly stories, they led to legal trouble. Keseberg was ultimately accused of murdering six of his fellow Donner Party members, including Tamzene, but was acquitted on each count due to lack of evidence. He later returned to court, this time as the prosecutor, to sue members of the relief party who had found him at Truckee Lake for fueling the vicious rumors attached to his name. Again the jury sided in his favor, but his reward was modest: just $1 for the damages, and he was still expected to cover the court fees.

LAST CHANCE FOR REDEMPTION

Life never got easier for Keseberg, but he was granted one last bit of closure around age 65. A journalist named C.F. McGlashan was writing a book called History of the Donner Party: A Tragedy of the Sierra when he reached out to the surviving members to interview them. Finally, Keseberg had the platform to tell his version of the events that transpired that winter, and address the rumors that had dogged him for years. His first-hand account was a stark departure from the infamous stories of his barroom braggadocio:

“The flesh of starved beings contains little nutriment. It is like feeding straw to horses. I cannot describe the unutterable repugnance with which I tasted the first mouthful of flesh. There is an instinct in our nature that revolts at the thought of touching, much less eating, a corpse. It makes my blood curdle to think of it!”

Keseberg’s greatest chance for redemption came when McGlashan arranged for him to meet Eliza Donner Houghton, Tamzene Donner’s youngest surviving daughter. Eliza had been only 4 years old at the time of the Donner Party tragedy, and when Keseberg saw the grown woman standing before him, he collapsed to his knees. He didn’t deny eating Tamzene’s remains, but he swore to Eliza that he hadn’t murdered her. Hearing the sincerity in the voice of this man she barely remembered from childhood, Eliza decided to take him at his word.

Despite earning validation from the courts and a descendent of the Donners, Keseberg’s reputation continued to shadow him wherever he went, whether in the towns where he lived or aboard the supply ship where he eventually worked. Toward the end of his life, he gathered enough money to open his own inn in Sacramento, but even this endeavor failed. “People thought, ‘Well, why would we stay there where this cannibal lives?’” Wallis says. The inn burned to the ground, and the cause of the fire was undetermined.

An internet search of Keseberg today still pulls up results related to his alleged crimes. The story’s stubborn presence through the decades becomes more notable in light of certain facts concerning the Forlorn Hope Party: During that trek, two Miwok men, named Salvadore and Luis, were murdered for their flesh by William Foster, but because they were Native Americans their story was ignored by newspapers. Tamzene Donner's death, and the gossip surrounding Keseberg's alleged involvement, however, received plenty of coverage.

Lewis Keseberg's wife Elisabeth Philippine died in 1877, and the widower lived out the remainder of his life poor and struggling to care for the couple’s children—both born after the Donner Party saga—who had intellectual disabilities. He died in 1895, nearly half a century after the events that defined him in the public eye. “He took his last breath in a hospital for the poor. The only thing in his pockets was lint,” Wallis says. “Keseberg is just one of the many great tragedies of this whole story.”

Additional Source: The Indifferent Stars Above: The Harrowing Saga of the Donner Party

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