A MIGHTY STRUGGLE.

AuthorMorris, Kenneth B., Jr.

On July 5, 1852, abolitionist Frederick Douglass gave the keynote address at a Rochester, New York, event commemorating the 76th anniversary of the signing of the Declaration of Independence. It was clear from his first utterance that he was in no mood to celebrate. The United States was locked in a protracted and fierce debate over the question of slavery. For Douglass, marking "Independence Day" only served to underscore the hypocrisy of a nation celebrating "freedom" while enslaving people of African descent on its blood-drenched soil.

Douglass told the crowd of 600 mostly white anti-slavery supporters that while he appreciated their moral opposition to slavery, their celebration of American independence rang hollow to him and his enslaved brothers and sisters, saying: "The rich inheritance of justice, liberty, prosperity and independence, bequeathed by your fathers, is shared by you, not by me. The sunlight that brought life and healing to you, has brought stripes and death to me." (1)

Douglass took his audience to task:

What, to the American slave, is your 4th of July? I answer; a day that reveals to him, more than all other days in the year, the gross injustice and cruelty to which he is the constant victim. To him, your celebration is a sham... a thin veil to cover up crimes which would disgrace a nation of savages. There is not a nation on the earth guilty of practices, more shocking and bloody, than are the people of these United States, at this very hour. (2) Sadly, 169 years after Douglass delivered this historic speech, America is still guilty of crimes and practices that would disgrace a nation of savages. The rich inheritance of justice, liberty, prosperity, and independence, bequeathed by the Founding Fathers, is not shared by every American citizen. The disease of racism, injustice, and inequality continues to fester and putrefy the soul of our nation.

My name is Kenneth B. Morris, Jr. I am the great-great-great-grandson of Frederick Douglass and the great-great-grandson of educator Booker T. Washington. I'm also Co-Founder and President, Frederick Douglass Family Initiatives (FDFI), an abolitionist and antiracist non-profit organization with a mission to build strong children and end systems of exploitation and oppression.

The Honorable George Nicholson, now retired from the California Court of Appeal, asked me to contribute the preface to this special issue of The Journal of Appellate Practice and Process to talk about my great ancestors, their struggle for freedom, justice, and equality, and to offer ideas on how FDFI might collaborate with judicial agencies, institutions, and organizations to help restore faith and trust in our institutions.

I understand this special issue will challenge readers to think beyond their conventional courtroom roles and contemplate what can be done to help mitigate or, better yet, ameliorate our nation's ailments, afflictions, and disease. As legal authorities, public educators, civic leaders, and role models, you carry the weight of responsibility to help build trust in our nation's institutions so that every citizen has faith in the...

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