A Portrait of Charles Sumner — Advocate for Civil Rights, 1840-1874

Implications for Educational Leadership in the 21st Century

Doctoral Thesis / Dissertation 2010 333 Pages

Philosophy - Philosophy of the 20th century



This study examined the life of Charles Sumner, an early civil rights, school integration activist in Massachusetts and, later, as the anti-slavery pro education advocate in Congress before and after the Civil War. The study design was historical and integrated the legal Bluebook citation system with the more traditional American Psychological Association (APA) dissertation format, a format departure designed to encourage interdisciplinary research, in this case law and educational leadership. The study focus was on early school integration efforts and the concept of diverse learning communities, a term used to describe Sumner’s social justice philosophy. Sumner argued the first school integration case in the United States: Roberts v City of Boston, 1849. While he lost that case, it set in motion abolition sentiment in the north and fueled Sumner’s dedication to repealing the Fugitive Slave Act, supporting school integration, and advancing equal rights. As an orator, his outspoken and eloquent vision of integrated public common schools resonant with modern k-12 education. His civil rights influence was important to the passage of the Fourteenth Amendment and his legacy would finally be acknowledged by Chief Justice Earl Warren as dicta in Brown v Board of Education. The study concluded with four conclusions and fourteen recommendations, with implications directed toward k-12 school administrators, higher education policy makers, and law school curriculums.

Among the conclusions was the need to re-establish Sumner as an important civil rights figure and assert Sumner’s version of natural rights in the study of Fourteenth Amendment law. Among the recommendations were additional study of the first school integration case, Roberts v City of Boston, additional inter-disciplinary research on Sumner’s role in the development of school integration, research on Sumner’s co-counsel in Roberts, black attorney Robert Morris, examination of the potential for the rise of a social caste-system—a fear often voiced by Sumner as a consequence of segregated schools—through the expansion of charter and private schools, and additional study on community engagement as a critical element in social justice education.


I would like to acknowledge Professor Russell A. Joki. Without his help this could never have been possible. He is truly an inspiration to me. I have never met anybody as caring, dedicated, and passionate toward their students and the field of education as Dr. Joki.

My committee members, Dr. Roger Reynoldson (practicum advisor), Dr. Terry Armstrong, Dr. Drew Meyer, Dr. Douglas Lind - for their help and guidance. I would like to acknowledge Concordia University - Portland, members of the Board of Regents and Board of Directors, The Lutheran Church - Missouri Synod, faculty, staff, and students of Concordia University who are the inspiration behind this study. President Charles E. Schlimpert of Concordia University who I have the absolute utmost respect and admiration for - he is one of the most generous and incredible people I have ever known and his leadership in 25 years as President of Concordia University has truly been exemplary. There is nobody in higher education quite like “Chuck”.

Above all - thank you Dr. Russ Joki - this could never have been possible without you.


This dissertation is dedicated to Concordia University and the establishment of Concordia Law School, the first law school to be built in the history of Boise, Idaho. May the “Spirit of Sumner” forever live at Concordia Law School.

It is my hope this dissertation inspires people to engage the communities they serve and remember the “Spirit of Sumner” in everything we do.


One of the cardinal truths of religion and freedom is the Equality and Brotherhood of Man. In the sight of God and of all just institutions the white man can claim no precedence or exclusive privilege from his color. …In lecturing before a Lyceum which has introduced the prejudice of color among its laws, and thusly reversed an injunction of highest morals and politics, I might seem to sanction what is most alien to my soul, and join in disobedience to that command which teaches that the children of earth are all of one blood. I cannot do this.1

When I first entered the Widener Library in 2001 at Harvard University, I felt as if I had stepped into another reality—the building and its artifacts soaked into my physical, emotional, and mental being and transformed me into a reverie about the great minds who had climbed the steps, walked the rows of books, talked with men and women of their era about pressing events, and meditated about their future as they sat at the heavy oak tables or retreated to one of the private sitting areas. The great alumni came to mind— John Adams, Mary Parker Follett, Franklin and Theodore Roosevelt, Doris Kerns Goodwin, John F. Kennedy, Leda Cosmides, Barak Obama, Zoe Cruz, Henry Kissinger, Annette Lu, Oliver Wendell Holmes, Elizabeth Dole, John Paul Roberts, Benazir Bhutto. A familiar but not a comprehensive list. I thought about the lesser known graduates who had contributed to University’s notion of education and social justice found in its Charter of 1650. In a small way, I hoped, I would eventually be able to contribute to the Harvard motto, Veritas —truth—through research about a Harvard graduate obscured by history.

At the time, I did not have anyone in mind, but the thought remained with me as I pursued my career and returned home to Boise, Idaho, where, among other academic activities I had completed some historical work for the Idaho Human Rights Education Center and published a human rights guide. The Human Rights Education Center work, I realize now, moved the subconscious thoughts about future research toward a Harvard alumni dedicated to social justice for minorities.

When I enrolled in the University of Idaho educational leadership doctoral program in 2006, the dissertation requirements reopened my initial interest in researching an educational leader with Harvard roots coupled with minority advocacy. The focus was further defined when I reflected on my University of Idaho Juris Doctor: My legal research and studies should be applied, somehow, to the doctorate. Hence, I narrowed my interest to a Harvard alumni who was an educator and who, through jurisprudence, had been an advocate for America’s minorities.

Logically, I was drawn to the great civil rights period of the nineteen fifties and sixties but concluded they had been thoroughly studied and the important actors of those years were well known to most in legal and educational research. However, the historical era which proceeded those decades and which laid the foundation for them might not have been so fully culled by researchers, I thought. My goal became to find someone overlooked or marginalized who had lived in the early, pre Civil War years and who had made a contribution education, social justice, and the legal advancement of those causes. As I read more about the period, I discovered the life and work of Charles Sumner. Interestingly, my discovery occurred as part of my Concordia Regent duties.

While visiting Self Enhancement, a Portland, Oregon company “dedicated to guiding underserved youth to realize their full potential”2 I was struck by the community engagement theme and its multi-racial focus. Upon returning to Concordia, I started one of those typical pass-the-time internet searches for similar schools using “community engagement” as the search words. One of the hits was Boston Public Schools (BPS)3, “the nation’s first public school system, founded 1647.” Naturally I was interested; it was an opportunity to revisit the Harvard connection. Toward the very bottom of the page I saw the following posting:

Figure 1 - Boston Common Schools Sumner Posting Seeking Charles Sumner alumnus

Friday, January 05, 2007

Sumner Elementary seeks alumni and former staff

illustration not visible in this excerpt

Tomorrow, January 6, would be the 196th birthday of Charles Sumner, an important abolitionist and civil rights advocate who represented Massachusetts in the US Senate from 1851-1874. Sumner was born in Boston and graduated from Boston Latin School, and the school district honored his legacy with the naming of the Charles Sumner Elementary School in Roslindale. Today, a group of parents and staff from the school are seeking alumni and former staff of the school to help celebrate the 75th anniversary of the current school building, including a dinner program on May 19.4

Additional, quick internet searches using “Charles Sumner” connected the dots for me: he was my “missing Harvard graduate” who deserved a seat at the table of those who had made a difference. When I tested his name as a social justice advocate with historians, legal scholars, and my doctoral committee, the response was uniformly, “Who?” For me, it was the response I had hoped for: Charles Sumner, I decided, would be the focus of my dissertation.

My exposure to social justice as a unifying theme for higher education was further advanced during this time through my service on the Board of Regents of a distinguished and forward moving university, Concordia, in Portland, Oregon. As a board member, I was and continue to be exposed to unique and engaging experiences with the African American community in northeast Portland. For example, I met and visited with the President of Liberia, Ellen Johnson Sirleaf, a Harvard graduate, and first female elected President of an African nation in the history of the continent. President Sirleaf visited Concordia University in Portland because a large Liberian population lives around the university. After meeting President Sirleaf, and reflecting upon how higher education can serve as a catalyst to bring the community as a whole together, I developed an interest in examining the role schools play within the larger community, a dimension of Sumner’s life I would examine in my doctoral study.

Sumner’s development of diverse learning communities, a term that refers to integration of the schools as a means to strengthen the entire community sparked my interest. As a Regent, and university administrator, inspired by Sumner and applying the concept “don’t think about how to build a great school . . . think about how to build a great community” I decided to study how his approach to integration and community development through education would add structure to higher education philosophy and governance. The parallel between Sumner’s writings about education and how the entire community should be involved to advance a non-discriminatory culture represents another Harvard connection—one that Sumner experienced and that continues today. Harvard is, above all, a community celebration. Harvard’s Extension School expresses it the best: it offers open enrollment classes and degrees for anybody, anywhere willing to do the work. The Extension School is the beacon of light at Harvard

- the shining example that anybody, anywhere can travel or attend on-line to attain a

Harvard degree. Many schools have emulated Harvard: Columbia University, Stanford University, University of Chicago, University of Pennsylvania, and even Oxford, for example, trying to bring the community together around education for the betterment of society. It is the concept, that anybody within the community has the right to an education if they so desire. It is a promise that Sumner experienced and that, I believed, advanced his development of diverse learning communities and which Sumner argued during the ratification of the Fourteenth Amendment.

As schools were forced to integrate, drawing lines between black and white, status and prestige began to take hold in America. School boards, regents, and administrators who could not segregate turned to socio-economic manipulation to divide people based upon incomes that paralleled their race to segregate. Sumner consistently, through his passion of diverse learning communities, pushed for equality for all which meant any member of the community had the right to attend any school on equal footing with any other member of the community. The Harvard model, of reaching out to all members of the community, is a striking example of how Sumner believed education should develop in America.

Sumner’s question remains: Should not schools, whether k-12 or universities, recognize the importance of building and educating the entire community? Sumner’s natural rights theory for black Americans shaped his belief that schools should serve as the social justice epicenter of the community. The goal of my study was to define Charles Sumner as the force behind the earliest attempts at school integration and the legislation which produced the Fourteenth Amendment. As is permitted with College of Education doctoral studies, my goal includes a proposed application of the study. In the final chapter, I will suggest it be used to inform policy making in the development of a new law school.

CHAPTER ONE Introduction

“ The age of chivalry has gone; the age of humanity has come. ” 5


The purpose of this study was an examination of early school integration efforts and Fourteenth Amendment history and resulting legal progeny in education as the fruit of visionary abolitionist, lawyer, and United States Senator Charles Sumner (1811 - 1874). While his early works for equal protection were localized to Boston, his efforts gained national audience during his years as a United States Senator from Massachusetts (Republican, 1851 - 1874). Yet his life and contribution to law and education is, by and large, forgotten or minimized by historians, educators, and legal scholars. Once examined, it becomes clear that Sumner had a significant influence on the development of equal protection law, so much so that, in the researcher’s opinion, his impact deserved an academic sobriquet. For the purposes of this study, the researcher created such a term

- the Sumner Factor. The Sumner Factor was used by the researcher to identify the influence Sumner had over the ratification of the Fourteenth Amendment, subsequent case law, and American education. In an attempt to provide readers with a visualization of Sumner, three vignettes are offered:

Sumner the Abolitionist: His abolitionist views nearly cost him his life. On May 22, 1856, Congressman Preston Brooks, Democrat from South Carolina, arrived in the Senate Chambers and brutally beat Sumner with a heavy walking stick. Brooks’ rage was over Sumner’s historic anti-slavery “Crimes against Kansas” speech. The speech included remarks about Brooks’ pro-slavery relative, Andrew Butler, a South Carolina Senator. Sumner played on Butler’s physical stature by comparing him to Miguel de

Cervantes’ humorous literary character. In part Sumner said: “As the Senator from South Carolina [Butler], is the Don Quixote, is the Squire of Slavery, its very Sancho Panza, ready to do all its humiliating offices.” On the Senate floor Sumner shouted that Butler “has taken a mistress, though ugly to others, is always lovely to him; though polluted in the sight of the world, is chaste in his sight - I mean, the harlot, SLAVERY!”6 Brooks, who carried a heavy wood cane with a gold handle, became enraged and repeatedly bashed Sumner over the head with it. Trapped under his desk and blinded by his own blood, Sumner and lapsed into unconsciousness. Yet Brooks continued his attack. It is worth noting that other prominent Senators, among them Illinois’ Stephen Douglas of the Lincoln-Douglas debates, did not intervene.

As a result of the attack, Sumner suffered head trauma, nightmares, and post- traumatic stress disorder. It took Sumner three years to recover from the injuries and during that time he was largely absent from political life in the United States Senate.7 Brooks’ attack on Sumner in the Senate Chambers was historic for its brutality and so severe it nearly killed Sumner. Yet, the battery had an unexpected result: it gave new life to northern state momentum demanding equal rights for African Americans and added sympathy for Sumner’s politics and his life.

While the Brooks attack removed Sumner from the Congressional arena for three years, it did not end his Congressional career. He would reappear, stronger, as a member of the 39th Congress which created, under his influence, the Fourteenth Amendment. Moreover, his reputation as a member of Lincoln’s “inner cabinet” was significant. “Lincoln showed him more signs of personal regard than to any other man in public service. ‘Sumner,’ Lincoln once said, ‘is my idea of a bishop.’”8 His friendship was such that he attended the President on his death bed (April 15, 1865).9 His friendship with the Lincolns was noted by Mary Lincoln who took great pride in her informal Blue Room receptions, which continued to draw distinguished visitors.10 “She was particularly gratified by the regular appearance of Charles Sumner. The handsome senator, though in his early fifties, was considered one of the most eligible bachelors in Washington we would have such frequent and delightful conversations & often late in the evening—My darling husband would join us & they would laugh together, like two school boys.”11

Sumner the Educator: Early support of integrated schools was a hallmark of his career. Throughout his life Sumner cherished education and the importance of equal opportunity in schools. Sumner explained (italics added), “I will give my support to education and the diffusion of knowledge by public schools open to all; and that in all ways I will strive to maintain a State government completely loyal to the Union, where all men shall enjoy equal protection and equal rights.”12 The language used by Sumner mirrors language in the 14th Amendment which reflects Sumner’s influence over the ratification of the equal protection law in America is substantial. While other Senators, John Bingham (R-Ohio) for example have been widely credited with the passage of the 14th Amendment, quotes from the Congressional Record that mirror the language of the 14th Amendment provides a foundation for academic discourse that Sumner was key figure behind ratification.

Sumner’s belief that education is the great equalizer is well documented.

Sumner once said, “In all this array [segregation of American public schools] we see the fatal influence of Slavery. But its Barbarism is yet more conspicuous, when we consider its Educational Establishments, and the un-happy results naturally ensuing from their imperfect character.”13 Sumner believed that in order to create diverse communities the public schools must first be diverse and that they would then lead the community to diversity. “None so poor as not to possess it (education). Even the idiot, so abject in condition, is found at last to be within the sphere of education. Circumstances alone are required to call this capacity into action.”14

As a pro-education advocate, Sumner had the foresight and vision to realize and understand the power of education to eventually not only integrate American public schools but to understand that through the educational process Americans of any race could do and become anything they so desire - President Barack Obama, for example. Later, in the 1850’s, Sumner saw the future of equal education as being linked to the Fourteenth Amendment and he ignited Congressional discussions that “allowed people, regardless of race, sex, or political affiliation, the right to speak their minds about interlinked issues of law, politics, religion, morality, and even literature”.15 Sumner the Power Broker: Sumner was not without his critics, of course. Putting aside the virulent southern opinion of him, Sumner’s post-Civil War Congressional status and reputation made him a sought-after deal-maker at all levels of government. During his presidency, U.S. Grant would present himself at Sumner’s door, seeking an audience with the man who had become the epitome of Senatorial power as chairman of the Foreign Relations Committee.

“Above all, it was Sumner’s intellectual arrogance that annoyed the president. When Boutwell (Congressman George Boutwell of Massachusetts) asked one day whether he (Grant) had ever heard Sumner converse, Grant, a twinkle in his eye, observed that he had never had the privilege, though he had ‘often heard him lecture.’”16 Grant’s view of Sumner during his lionized senatorial years captures the baggage that accompanies fame and positional authority. Sumner’s aggressive, often outlandish speech and self-image were necessary to his political success. Yet they also offer a glimpse into why southern slave owners loathed him. A final passage from Grant sums it up: “When Grant was told that Sumner did not believe in the Bible, he was not surprised. ‘Well, he didn’t write it,’ said the president.”17

These three vignettes, provided some insight into Sumner’s background and the creation of the Sumner Factor as a guiding cultural, legal, and educational force. The Sumner Factor was, the research discovered, grounded in a deep appreciation for multi- cultural development in education through integration of public schools in America. A practical, modern application of the Sumner Factor would be engaging communities with schools in an attempt to solidify civic stakeholders with faculty, students, and parents around Sumner’s philosophy of diversity and integration, a notion that is discussed in the final chapter.

From the general observations gleaned through primary document research of the Congressional Record, a legal case law review shows where Sumner linked his belief in integration of public schools to community building. The case law is important to this study because it reveals where Sumner formulated his passion for integrating public schools.

An historical case, Roberts v. Boston, was Sumner’s first anti-segregation action and one of, if not the first, case to propose integrated schools. Roberts was argued in 1849 and while it was unsuccessful for Sumner’s positions, it shed light on segregation issues that would eventually lead to the Civil War.

In Roberts Sumner postulated public schools must be integrated thereby creating diverse learning communities in the classrooms—that would, eventually, find generational replication in American society. The court noted: Under the system of public schools established in the city of Boston, primary schools are supported by the city, for the instruction of all children residing therein between the ages of four and seven years. For this purpose, the city is divided for convenience, but not by geographical lines, into twenty-one districts, in each of which are several primary schools making the whole number of primary schools in the city of Boston one hundred and sixty-one. These schools are under the immediate management and superintendence of the primary school committee, so far as that committee has authority, by virtue of the powers conferred by votes of the general school committee.18 This was the seminal legal position that formulated this researcher’s sobriquet for his contribution to Fourteenth Amendment law and educational leadership praxis—the Sumner Factor— that would take over one hundred years to be realized, at least initially in education law and thereafter in American culture, with the classic Brown v Board of Education case wherein Chief Justice Earl Warren stated in Footnote 6:

The doctrine apparently originated in Roberts v. City of Boston, 59 Mass.198, 206 (1850), upholding school segregation against attack as being violative of a state constitutional guarantee of equality. Segregation in Boston public schools was eliminated in 1855. Mass.Acts 1855, c. 256. But elsewhere in the North, segregation in public education has persisted in some communities until recent years. It is apparent that such segregation has long been a nationwide problem, not merely one of sectional concern.19

But it began with and was perpetuated as a “sectional” concern. Sumner believed: “The schools and colleges of the South have been nurseries of Rebellion”. He envisioned a diverse learning community model, as stated in his introduction of resolutions on the Senate floor in 1867 (italics added):

As the education of the people is essential to the national welfare , and especially to the development of those principles of justice and morality which constitute the foundation of republican government, and as, according to the census, an immense proportion of the people in the Rebel States, without distinction of color, cannot read and write, therefore public schools must be established for the equal good of all.20

While he was not an educator, his philosophy of education—fashioned by his family, politics, and legal career—became a visionary one that foresaw the Brown v. Board of Education solution to segregated schools and was so acknowledged in the Warren Court ruling.

Had Sumner prevailed in Roberts, school desegregation might have become the norm in Massachusetts, and possibly in the nation. But like many visionaries, he was ahead of his time and while his struggle for civil rights did not produce the results he sought in his life it did add an important increment in case law and produced the major foundation in legislative law, the Fourteenth Amendment.

Sumner the Equalizer: This study, then, proposed that Sumner was an important educational and racial advocate in America,21 was someone who believed in the value of equal opportunity in education as eventually leading to equality in America, and was someone who urged the creation of diverse learning communities as the solution to the nation’s dark stain of racial discrimination.

As Congressional debates began on the Fourteenth Amendment, Sumner’s goal was to link the new amendment to American education, a prescient theory that gained full voice with the Thurgood Marshall legal team that prevailed in Brown. In the Fourteenth Amendment floor debates Sumner said, “It is in this spirit that I now move to require a system of free schools, open to all without distinction of caste. For this great safeguard I ask your votes.” The motion passed leading to ratification of the 14th Amendment.

Significance of the Study to Higher Education and Diverse Learning

Communities: Sumner’s passion with the integration of public schools before

Reconstruction (1865-1877) in America articulated an education philosophy that diversity created better schools, a theoretical construct named by the researcher as the “diverse learning community model”.

The diverse learning community model is built around educational leadership vision to “include, rather than exclude, all members of the community in education.”22 The vehicle for delivering the diverse learning community model is the local public school. Sumner was instrumental in developing this philosophy, in part, based upon his own personal experiences as a student at Harvard College and Harvard Law School. While at Harvard, Sumner had the opportunity to travel extensively throughout the world and observe how communities integrated around schools. Harvard provided Sumner the opportunity to think critically about diversity in American and public education. Sumner believed that education is the change agent in a community and through the diverse learning community model - such schools would engrain those values in their students who would, as community leaders, advance it. The alternative, keeping a community ignorant, Sumner wrote, “it’s a recipe that breeds racism”.23

The practical application of this theoretical construct developed many great colleges and universities in America and, it could be said, the social milieu that elected Barak Obama. Yet, in 2007, the United States Supreme Court, in Parents Involved in Community Schools v. Seattle School District No. 124 may have created a serious fault line the Brown ruling and the Sumner Factor found in Roberts. In PICS the Supreme Court indicated that our national examination of the value of diversity may not be over. The dissent, written by Justice Breyer noted:

. . .the Court's decision today slows down and sets back the work of local school boards to bring about racially diverse schools. . . And what of the long history and moral vision that the Fourteenth Amendment itself embodies? . . . Finally, what of the hope and promise of Brown? For much of this Nation's history, the races remained divided. It was not long ago that people of different races drank from separate fountains, rode on separate buses, and studied in separate schools. In this Court's finest hour, Brown v. Board of Education challenged this history and helped to change it. For Brown held out a promise. It was a promise embodied in three Amendments designed to make citizens of slaves. It was the promise of true racial equality-not as a matter of fine words on paper, but as a matter of everyday life in the Nation's cities and schools. It was about the nature of a democracy that must work for all Americans. It sought one law, one Nation, one people, not simply as a matter of legal principle but in terms of how we actually live.25 The significance of this study is, then, its historical value and current applications in law, education, and society. Higher education administrators, and K-12 administrators, post Brown, have, hopefully, studied and experienced and applied the Sumner Factor, but it is not a “sure thing”, as witnessed by PICS.26 Chapter Summary:

This chapter introduced the study’s focus and provided insight into Charles Sumner’s advocacy for integrated schools and diverse learning communities. The next chapter, Chapter 2, explained the research design.

CHAPTER TWO Research Design—An Historical Study

Historical inquiry begins when some event, development, or experience of the past is questioned. . .[the researcher] can investigate individuals, institutions, organizations, laws, curriculums, administrative structures and processes…important concepts and ideas that have influenced education, or other educational phenomena during a specific period of time in a given culture— ancient or modern. . . [and the researcher] may confine [his] study to one era and one sequence of events in a local, national, or regional setting, or may compare events in different eras.27

The historical research parameters of this study combine American history, law, and education at the intersection of the life of Charles Sumner and his shaping of early civil rights through litigation, legislation, and social justice advocacy. Secondly, this study has applied possibilities in that it may be useful to the researcher’s role in the development of a proposed law school.

Historical research is not common in the University of Idaho College of

Education’s Educational Leadership program, but it has been used in the past and these studies were reviewed for structural ideas: A History of the Idaho Education Association, by Roy Truby (1968) and The Development of Education in Idaho Territory: 1863-1890, by Virgil Monroe Young (1967). Additionally, two other doctor of philosophy historical dissertations served as models: Milton Farrell Hartvigsen’s The Origin, Development, and Reorganization of Public School Districts in Idaho (1956) at the University of California, Los Angles College of Education and Paul E. Pack’s A Portrait of Adult Education in Old Nauvoo Illinois 1839-1846, in progress in the University of Idaho College of Education.

The potential application of studies to the researcher’s professional life, as opposed to the notation regarding historical research above, is common among doctoral research within the College of Education. Recent examples include The Influence of High School Professional-Technical Education: Perceptions of Postsecondary Preparedness, by Gaylen Lee Smyer (2009) and A Study of Standards-Based Curriculum Alignment in A Small, Rural Idaho School District applied on-site research which advanced the superintendency careers of Drs Smyer and Ranells; Tourism As A Vehicle for Experiential Learning: A Phenomenological Study of Group Educational Travel for Rural Middle School Students by Darren S. Johnson (2008) and Independent Senior Women Who Travel Internationally: A Collective Case Study (2009) by Barbara Jarrett applied personal travel experiences for Drs Johnson and Jarrett and, finally, at the higher education level, Effects of Worship Style, Sociological, and Demographic Factors Upon Worship Attendance in the Northwest Region of the Church of the Nazarene by Barry W. Swanson (2005) and A Multiple Case Study of Community College Presidents: Perceptions of Leadership Demands and Competencies by David Jefferey Fox (2008) made significant contributions to the employers of Drs Swanson and Fox and to the higher education careers of the researchers

This study focused primarily on the historical and will made applications to the researcher’s professional interest in a proposed law school a secondary consideration. Nonetheless, the above were informative and precedential in terms of design and purpose. This study varied from the traditional College of Education’s reliance on the American Psychological Association (APA) Publications Manual in that it was formatted as a legal study and applied The Bluebook, A Uniform System of Citation, Eighteenth Edition. Both citation systems were appropriate for qualitative research, given the nature of this study’s reliance on transcripts and records from the Congressional Record and the need for an appropriate qualitative design to organize and code primary and secondary sources. Of note, the APA Publication Manual (6th Ed., 2009) applies The Bluebook system (See APA’s Appendix D).

Document review included transcripts of Congressional debates relative to the

Fourteenth Amendment. As is common with primary sources, the primary data was raw and uncut. The coding methods used in accordance with the qualitative research methods are consistent with Creswell28 and Merriam29 and with the Westlaw Key Number system that codes and organizes points of law.

The researcher’s coding applied the Westlaw coding and a thematic approach created by the researcher to cross reference important data with key political figures as the research related to Fourteenth Amendment jurisprudence. The coding system search could be generally expressed with the following example:

Table 1 - Key Events, Figures, Cases

illustration not visible in this excerpt

The researcher also incorporated legal jurisprudence within the research and analysis to apply judicial deference and notice in regard to binding precedent relative the 39th Congressional Debates.30

The study’s research methodology generally followed qualitative steps that

Creswell established in his work Qualitative Inquiry and Research Design31 within the historical tradition and also incorporated traditional legal research methodology applying the Thomson Reuters Westlaw service accessed through the University of Idaho College of Education faculty account under the name of the researcher’s major professor, Dr. Russell Joki.

As noted earlier, while the College of Education prefers the APA (American

Psychological Association) format the researcher was granted permissions by the Major Professor, Dr. Russell Joki, in consultation with the doctoral committee, staff at the University of Idaho College of Graduate Studies and the associate dean at the University of Idaho College of Education, to cite this work according to The Bluebook A Uniform Citation Manual in order to maintain a research format that would prepare the study for law journal publication and review by legal scholars. The Bluebook system does not, for example, include the APA references as-appendix-format; rather it depends on page footnoting. Moreover, The Bluebook does not typically cite-within-the-text but, again, uses page footnoting for sources. However, the researcher, with advice from the major professor, occasionally applied both methods when it suited the study’s flow. Finally, the researcher, with consultation from the major professor, committee, and staff at the College of Graduate Studies, received approval to modify the traditional five chapter format of most dissertations.

The mixing of research methods, known as bricoleur has qualitative traditions and is also being applied by Pack’s A Portrait of Adult Education in Old Nauvoo Illinois 1839-1846.

The multiple methodologies of qualitative research may be viewed as bricolage, and the researcher as bricoleur. A bricoleur is a ‘Jack of all trades or a kind of professional do-it-yourself person’. . .The qualitative researcher-as- bricoleur uses the tools of his or her methodological trade, deploying whatever strategies, methods, or empirical materials as are at hand. If new tools have to be invented, or pieced together, then the researcher will do this. [thus] Qualitative research is inherently multimethod in focus. . .Objective reality can never be captured. . .The bricoleur understands that research is an interactive process shaped by his or her personal history, biography, gender, social class, race, and ethnicity. . .The bricoleur also knows that researchers all tell stories about the worlds they have studied. . .[and] couched and framed within specific storytelling traditions, often defined as paradigms.32

The bricoleur qualitative paradigm for this study is positivist, wherein the researcher “contended that there is a reality out there to be studied, captured, and understood, whereas postpositivists argue that reality can never be fully understood.”33 The researcher consulted, nonetheless, the accepted tenants of historical research34 analysis as found in Stake35 and online articles found at the Institute of Historical Research and its Journal of Historical Research at http://www.history.ac.uk/historical/.

The combined historical qualitative design/legal research model approach was deemed appropriate because the study examined a “context” that occurred between 1850 and 1954.36 The historical review was within the parameters of “bounded” or referenced transcripts. Primary literature was from the 39th Congressional Record housed in the Library of Congress and focused on one issue - the Sumner Factor. To that end, the historical based “theme” of the literature is single in nature. Secondary research was reviewed in selected law journal articles and books on the University of Idaho College of Education Westlaw access. The primary source for diverse learning communities as defined is also cited in Mary Gardiner’s work with multi-cultural education.37 Gardiner is widely credited as a scholar and leader in multicultural educational leadership.

Law is the ultimate “historical” research exercise as defined by Creswell in his qualitative research review.38 Based upon the primary sources of the research, the Congressional Record, a single coded approach was used. The study did not blend other areas to historical research - psychology or political science, for example.39

To that end, the study classified the debates within the Record as a “single” historical study event, not collective or multi-sited. In order to develop and focus the study, the researcher used what could be termed a modified “purposeful sampling” technique in order to find and hone data germane to understanding how great communities should be formed from the intent of the Fourteenth Amendment.

As Creswell noted, one of the key challenges to historical research is development of parameters of the subject to study.40 This research defined Charles Sumner and key historical events that informed the intent of the 39th Congress when they composed the language of the Fourteenth Amendment.

In order to follow the qualitative guidelines as established in Creswell, the study analyzed the transcripts from many various and diverse perspectives - including judicial notice and case law that is adverse to the study in order to provide context that during the research period there was considerable racism that could have impacted court decisions despite clear intent by the 39th Congress of the document to the contrary.

The College of Education’s doctoral format requires a theoretical framework for applied research and, within the secondary context of the study’s potential value to the administration of a proposed law school, the application would be primarily informed by

James McGregor Burns’ (1978) Pulitzer Prize and National Book Award seminal research on transformational leadership theory wherein Burns wrote: …transforming leadership…occurs when one or more persons engage with others in such a way that leaders and followers raise one another to higher levels of motivation and morality. . .Their purposes, which might have started out as separate but related, as in the case of transactional leadership, become fused. . .transforming leadership ultimately becomes moral in that it raises the level of human conduct and ethical aspiration of both leader and led, and thus it has a transforming effect on both. Perhaps the best modern example is Ghandi, who aroused and elevated the hopes and demands of millions.

. . .Transcending leadership is dynamic leadership in the sense that the leaders throw themselves into a relationship with followers who will feel ‘elevated’ by it and often become more active themselves, thereby creating new cadres of leaders. . .Finally, and most important by far, leaders address themselves to followers’ wants, needs, and other motivations, as well as their own, and thus they serve as an independent force in changing the makeup of the followers ’ motive base through gratifying their motives.41

Burns’ transformational leadership’s ethical and moral theme was fundamental to the applied research component of the study at the higher education level in that it gave a governance and instructional focus to the study’s final chapter’s on implications. The theoretical framework was furthered by Robert K. Greenleaf’s Servant Leadership (1977) construct which Greenleaf attributes to Herman Hesse’s Journey to the East42 which describes the story of a traveling group’s social and cultural disintegration when it loses its servant, Leo, who inspired and sustained them with his combined labor and spirit. Greenleaf applied Hesse to organizational leadership and concluded

The servant-leader is servant first—as Leo was portrayed [by Hesse]. It begins with the natural feeling that one wants to serve, to serve first. Then conscious choice brings one to aspire to lead. That person is sharply different from one who is leader first, perhaps because of the need to assuage an unusal power drive or acquire material possessions. For such it will be a later choice to serve—after leadership is established. . . The difference manifests itself in the care taken by the servant-first to make sure that other people’s highest priority needs are being served. The best test, and difficult to administer, is: Do those served grow as persons? Do they, while being served, become healthier, wiser, freer, more autonomous, more likely themselves to become servants? And, what is the effect on the least privileged in society; will they benefit, or, at least, not be further deprived?43

A third authority in the study’s applied theoretical framework was the writings of John W. Gardner who both proceeded and followed Burns and Greenleaf with his writings on leadership excellence. In one of his earliest works (1961), Gardner discussed the importance of diversity on the college campus.


1 Emerson and the New Bedford Affair, http://www.jstor.org/pss/30227482 (last visited Feb. 22, 2010). To the Chairman of the Committee, Equal Rights in the Lecture-Room, Letter to the Committee of the New Bedford Lyceum, November 29, 1845, wherein Charles Sumner declined an offer to speak to the Committee.

2 Self Enhancement, http://www.selfenhancement.org/whoweare.asp (last visited Feb. 22, 2010).

3 All About Boston Public Schools, http://allaboutbps.blogspot.com/2007_01_01_archive.html (last visited Feb. 22 2010).

4 Id.

5 Charles Sumner Quotes, http://thinkexist.com/quotation/the_age_of_chivalry_has_gone- the_age_of_humanity/262681.html (last visited Feb. 22, 2010).

6 E.L. Pierce, Memoir and Letters of Charles Sumner and the Coming of the Civil War 4 (Roberts Brothers 1877-93).

7 Dee Donald, Charles Sumner and the Coming of the Civil War 45 (CWLA 1970).

8 George H. Haynes, Charles Sumner 289 (George W. Jacobs 1909).

9 Doris Kearns Goodwin, Team of Rivals: The Political Genius of Abraham Lincoln 741 (Simon 2005).

10 Id. at 682.

11 Id. at 683.

12 Charles Sumner, The Works of Charles Sumner, Volume 12 312 (Lee and Shepard 1877).

13 Id. at 214.

14 Id. at 216.

15 Akhil Reed Amar , The Supreme Court, 1999 Term - The Document and the Doctrine 14th Amendment, 114 Harv. L. Rev. 26, 58-60 (2000) (discussing the Fourteenth Amendment).

16 Jean Edward Smith, Grant 502 (Simon and Schuster, 2001).

17 Id.

18 Roberts v. City of Boston , 59 Mass. 198, 202 (1850).

19 Id.

20 Id. at 206.

21 Id.

22 Mary Gardiner, Urban School Principals and Their Role as Multicultural Leaders 45 (Sage 2006).

23 Charles Sumner, The Works of Charles Sumner, Volume 3 101 (Lee and Shepard 1877).


551 U.S. 701 (2007).

25 Id. at 710.

26 Id.

27 Debold B. Van Dalen, Understanding Educational Research 351 (McGraw Hill 1979).

28 John W. Creswell, Qualitative Inquiry and Research Design Choosing Among Five Approaches 375 (Sage 1997).

29 Sharan B. Merriam, Qualitative Research in Practice Examples for Discussion and Analysis 150-201 (Jossey-Bass 2002).

30 Stephen C. Yeazell, Federal Rules of Civil Procedure with Selected Statutes and Cases 56-67 (Wolters Kluwer Law & Business 2001).

31 Id.

32 Norman K. Denizen, Handbook of Qualitative Research 2 (Sage Publications 1994).

33 Id. at 5.

34 Examples of The Tenants of Historical Research: locate primary sources (firsthand information such as diaries, letters, and original documents) for evidence; secondary sources, historians' interpretations and analyses of historical evidence to verify factual material as inconsistencies arise.

35 Robert Stake, The Art of Historical Research 105 (Thousand Oaks 2005).

36 Id.

37 Mary Gardiner, Urban School Principals and Their Role as Multicultural Leaders 45 (Sage Publications 2006).

38 Id. at 50.

39 Keith Jenkins, The Postmodern History Reader 135 (Routledge 1997).

40 Id.

41 James McGregor Burns, Leadership 19-20 (Harper & Row, 1978).

42 Robert K. Greenleaf, Servant Leadership A Journey into the Nature of Legitimate Power and Greatness 7 (Paulist Press 1976).

43 Id. at 13-14.


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portrait charles sumner—advocate civil rights implications educational leadership century




Title: A Portrait of Charles Sumner — Advocate for Civil Rights, 1840-1874