Benjamin J. Davis Jr.
|New York City Councilman|
March 1, 1943 – December 31, 1949
|Preceded by||Adam Clayton Powell|
Benjamin Jefferson Davis, Jr.
September 8, 1903
|Died||August 22, 1964 (aged 60)|
New York City
|Occupation||Lawyer, Activist, Politician|
|Known for||Smith Act trials of Communist Party leaders|
Benjamin Jefferson Davis Jr. (September 8, 1903 – August 22, 1964), was an African-American lawyer and communist who was elected in 1943 to the New York City Council, representing Harlem. He faced increasing opposition from outside Harlem after the end of World War II. In 1949 he was among a number of communist leaders prosecuted for violating the Smith Act. He was convicted and sentenced to five years in prison.
Benjamin J. Davis Jr. – known to his friends as "Ben" – was born September 8, 1903, in Dawson, Georgia to Benjamin Davis, Sr. and Jimmie W. Porter. The family moved to Atlanta in 1909, where Davis's father, "Big Ben" Davis, established a weekly black newspaper, the Atlanta Independent. It was successful enough to provide a comfortable middle-class upbringing for his family. The elder Benjamin Davis emerged as a prominent black political leader and served as a member of the Republican National Committee for the state of Georgia.
The younger Ben Davis Jr. attended the high school program of Morehouse College in Atlanta. He left the South to study at Amherst College, where he earned his B.A. in 1925. Davis continued his education at Harvard Law School, from which he graduated in 1929. Davis worked briefly as a journalist before starting a law practice in Atlanta in 1932.
Davis became radicalized through his role as defense attorney in the 1933 trial of Angelo Herndon, a 19-year-old black Communist who had been charged with violating a Georgia law against "attempting to incite insurrection", because he tried to organize a farm workers' union. Davis asked the International Juridical Association to review his brief. During the trial, Davis faced angry, racist opposition from the judge and public. He was impressed with the rhetoric and bravery of Herndon and his colleagues. After giving concluding arguments, he joined the Communist Party himself.
Herndon was convicted and sentenced to 18–20 years in jail. He was freed after April 26, 1937 when, by a 5-to-4 margin, the United States Supreme Court ruled Georgia's Insurrection Law to be unconstitutional.
Davis moved to Harlem, New York in 1935, joining the Great Migration of blacks out of the South to northern cities. He worked as editor of the Communist Party's newspaper targeted to African-Americans, The Negro Liberator. He later became editor of the CPUSA's official English-language daily, The Daily Worker.
Davis was reelected twice to his city council seat. In 1949, he was expelled from the council upon being convicted of conspiring to overthrow the federal government under the Smith Act – a World War II-era charge that rested on Davis's association with the Communist Party. He was tried along with eleven other defendants for their communist beliefs and party affiliation in the Smith Act trials. Paul Robeson, noted actor, singer, and civil rights activist publicly advocated for Davis and his fellow defendants. His expulsion from the council was required under state law. His former colleagues passed a resolution celebrating his ouster. He appealed the conviction for two years, without success.
After serving three years and four months in the federal penitentiary in Terre Haute, Indiana, Davis was freed. In the subsequent years, Davis engaged in a speaking tour of college campuses and remained politically active, promoting an agenda of civil rights and economic populism. Davis' 1962 speaking circuit drew crowds at schools such as Harvard, Columbia, Amherst, Oberlin and the University of Minnesota. But the City College of New York – in the New York council district he represented in the 1940s – barred Davis from speaking on its campus in this period. After a student protest, Davis was allowed to speak outside, on the street. He was close to Communist Party chairman William Z. Foster. Davis continued to publicly defend the actions of the Soviet Union, including the Soviet invasion of Hungary in 1956.
Ben Davis died of lung cancer in New York City on August 22, 1964. He was less than one month shy of his 61st birthday at the time of his death, and was in the midst of a campaign for New York State Senate on the People's Party ticket.
While in prison, Davis had written notes for a memoir. These were confiscated by prison authorities and not released until after his death. They were posthumously published under the title Communist Councilman From Harlem (1969), with a foreword by his Smith Act codefendant Henry Winston.
- "Must Negro Americans Wait?"
- "The Negro People in the Struggle for Peace and Freedom."
- "Upsurge in the South."
- "The Path of Negro Liberation."
- "Why I Am A Communist."
- "Ben Davis on the McCarran Act."
- title=Davis, Benjamin Jefferson, Jr. | publisher=King Institute Stanford |
- Wade, Harold, Jr. (1976). Black Men of Amherst. Amherst College Press. p. 60.
- "Benjamin Jefferson Davis Jr.", Martin Luther King and the Global Freedom Struggle, Stanford University.
- William L. Patterson, Ben Davis: Crusader for Negro Freedom and Socialism. New York: New Century Publishers, 1967; p. 7.
- Benjamin J. Davis, Communist Councilman From Harlem. New York: International Publishers, 1969; p. 32.
- Horne, Gerald. Black Liberation/Red Scare: Ben Davis and the Communist Party. p. 29.
- Davis, Communist Councilman From Harlem, pp. 44, 48.
- Ginger, Ann Fagan (1993). Carol Weiss King, human rights lawyer, 1895-1952. Boulder: University Press of Colorado. p. 177. ISBN 978-0-87081-285-9. LCCN 92040157.
- Davis, Communist Councilman From Harlem, chapter 4.
- Edward A. Hatfield,"Angelo Herndon Case", New Georgia Encyclopedia, August 14, 2009.
- "Smith Act trials of Communist Party leaders", Wikipedia, 2022-01-10, retrieved 2022-03-21
- "Paul Robeson", Wikipedia, 2022-03-18, retrieved 2022-03-21
- "Could Have Been Worse", New York Observer, April 21, 2005.
- "Benjamin Davis" Archived January 1, 2007, at the Wayback Machine, Spartacus Educational.
- Jarvis Tyner, The Legacy of Benjamin J. Davis People's World, September 6, 2003.
- Davis, Communist Councilman From Harlem, p. 6.
- Davis, Benjamin J (1969). Communist councilman from Harlem: autobiographical notes written in a Federal penitentiary. International Publishers. OCLC 802430991.
- Glenda Elizabeth Gilmore, Defying Dixie: The Radical Roots of Civil Rights, 1919-1950. New York: W.W. Norton, 2008.
- Gerald Horne, Black Liberation/Red Scare: Ben Davis and the Communist Party. Newark, NJ: University of Delaware Press, 1994.
- Gerry Horwitz, "Benjamin Davis Jr. and the American Communist Party: A Study in Race and Politics," UCLA Historical Journal, vol. 4 (1983), pp. 92–107.
- Walter T. Howard, We Shall Be Free!: Black Communist Protests in Seven Voices. Philadelphia, PA: Temple University Press, 2013.
- William L. Patterson, Ben Davis: Crusader for Negro Freedom and Socialism. New York: New Century Publications, 1967.
- John C. Walker,The Harlem Fox: J. Raymond Jones at Tammany 1920:1970, New York: State University New York Press, 1989.
- Paterson, David “Black, Blind, & In Charge: A Story of Visionary Leadership and Overcoming Adversity.” New York, New York, 2020
|Wikiquote has quotations related to Benjamin J. Davis Jr..|
- Jarvis Tyner, "The Legacy of Benjamin J. Davis", People's Weekly World.
- Oakley C. Johnson, "Chronological Table of Major Writings of Benjamin J. Davis Jr." ChickenBones: A Journal for Literary & Artistic African-American Themes.