Angela Davis, then a promising young philosopher and black communist, wrote this piece in a jail cell facing the death penalty after being charged with having supplied the guns 17-year-old Jonathan Jackson used to try to free three San Quentin prisoners from a Marin County courthouse in 1970. In 1972, she was tried and found not guilty on all counts.
This is an edited excerpt published with permission from Verso. The full text has been republished in If They Come in the Morning: Voices of Resistance, edited by Angela Y Davis (Verso, 2016).
Despite a long history of exalted appeals to man’s inherent right of resistance, there has seldom been agreement on how to relate in practice to unjust, immoral laws and the oppressive social order from which they emanate. The conservative, who does not dispute the validity of revolutions deeply buried in history, invokes visions of impending anarchy in order to legitimise his demand for absolute obedience. Law and order, with the major emphasis on order, is his watchword. The liberal articulates his sensitiveness to certain of society’s intolerable details, but will almost never prescribe methods of resistance which exceed the limits of legality – redress through electoral channels is the liberal’s panacea.
In the heat of our pursuit for fundamental human rights, Black people have been continually cautioned to be patient. We are advised that as long as we remain faithful to the existing democratic order, the glorious moment will eventually arrive when we will come into our own as full-fledged human beings.
But having been taught by bitter experience, we know that there is a glaring incongruity between democracy and the capitalist economy which is the source of our ills. Regardless of all rhetoric to the contrary, the people are not the ultimate matrix of the laws and the system which govern them – certainly not Black people and other nationally oppressed people, but not even the mass of whites. The people do not exercise decisive control over the determining factors of their lives.
Official assertions that meaningful dissent is always welcome, provided it falls within the boundaries of legality, are frequently a smokescreen obscuring the invitation to acquiesce in oppression. Slavery may have been unrighteous, the constitutional provision for the enslavement of Blacks may have been unjust, but conditions were not to be considered so unbearable (especially since they were profitable to a small circle) as to justify escape and other acts proscribed by law. This was the import of the fugitive slave laws.
Needless to say, the history of the United States has been marred from its inception by an enormous quantity of unjust laws, far too many expressly bolstering the oppression of Black people. Particularised reflections of existing social inequities, these laws have repeatedly borne witness to the exploitative and racist core of the society itself. For Blacks, Chicanos, for all nationally oppressed people, the problem of opposing unjust laws and the social conditions which nourish their growth, has always had immediate practical implications. Our very survival has frequently been a direct function of our skill in forging effective channels of resistance. In resisting, we have sometimes been compelled to openly violate those laws which directly or indirectly buttress our oppression. But even when containing our resistance within the orbit of legality, we have been labelled criminals and have been methodically persecuted by a racist apparatus.
Under the ruthless conditions of slavery, the underground railroad provided the framework for extra-legal anti-slavery activity pursued by vast numbers of people, both Black and white. Its functioning was in flagrant violation of the fugitive slave laws; those who were apprehended were subjected to severe penalties. Of the innumerable recorded attempts to rescue fugitive slaves from the clutches of slave-catchers, one of the most striking is the case of Anthony Burns, a slave from Virginia, captured in Boston in 1853. A team of his supporters, in attempting to rescue him by force during the course of his trial, engaged the police in a fierce courtroom battle. During the gun fight a prominent abolitionist, Thomas Wentworth Higginson, was wounded. Although the rescuers were unsuccessful in their efforts, the impact of this incident “…did more to crystallise Northern sentiment against slavery than any other except the exploit of John Brown, and this was the last time a fugitive slave was taken from Boston. It took 22 companies of state militia, four platoons of marines, a battalion of United States artillerymen, the city’s police force … to ensure the performance of this shameful act, the cost of which to the Federal government alone, came to $40 000.’”
Throughout the era of slavery, Blacks as well as progressive whites recurrently discovered that their commitment to the anti-slavery cause frequently entailed the overt violation of the laws of the land. Even as slavery faded away into a more subtle yet equally pernicious apparatus to dominate Black people, “illegal” resistance was still on the agenda. After the Civil War, the Black Codes, successors to the old slave codes, legalised convict labour, prohibited social intercourse between Blacks and whites, gave white employers an excessive degree of control over the private lives of Black workers and generally codified racism and terror. Naturally, numerous individual as well as collective acts of resistance prevailed. On many occasions, Blacks formed armed teams to protect themselves from white terrorists who were, in turn, protected by law enforcement agencies, if not actually identical with them.
By the second decade of the 20th century, the mass movement, headed by Marcus Garvey, proclaimed in its Declaration of Rights that Black people should not hesitate to disobey all discriminatory laws. Moreover, the Declaration announced, they should utilise all means available to them, legal or illegal, to defend themselves from legalised terror as well as Ku Klux Klan violence. During the era of intense activity around civil rights issues, systematic disobedience of oppressive laws was a primary tactic. The sit-ins were organised transgressions of racist legislation.
All these historical instances involving the overt violation of the laws of the land converge around an unmistakable common denominator. At stake has been the collective welfare and survival of a people. There is a distinct and qualitative difference between one breaking a law for one’s own individual self-interest and violating it in the interests of a class or a people whose oppression is expressed either directly or indirectly through that particular law. The former might be called a criminal (though in many instances he is a victim), but the latter, as a reformist or revolutionary, is interested in universal social change. Captured, he or she is a political prisoner.
The political prisoner’s words or deeds have in one form or another embodied political protests against the established order and have consequently brought him into acute conflict with the state. In light of the political content of his act, the “crime” (which may or may not have been committed) assumes a minor importance. In this country, however, where the special category of political prisoners is not officially acknowledged, the political prisoner inevitably stands trial for a specific criminal offense, not for a political act. Often the so-called crime does not even have a nominal existence. As in the 1914 murder frame-up of the Industrial Workers of the World organiser Joe Hill, it is a blatant fabrication, a mere excuse for silencing a militant crusader against oppression. In all instances, however, the political prisoner has violated the unwritten law which prohibits disturbances and upheavals in the status quo of exploitation and racism. This unwritten law has been contested by actually and explicitly breaking a law or by utilising constitutionally protected channels to educate, agitate and organise the masses to resist.
A deep-seated ambivalence has always characterised the official response to the political prisoner. Charged and tried for a criminal act, his guilt is always political in nature. This ambivalence is perhaps best captured by Judge Webster Thayer’s comment upon sentencing Bartolomeo Vanzetti to 15 years for an attempted payroll robbery: “This man, although he may not have actually committed the crime attributed to him, is nevertheless morally culpable, because he is the enemy of our existing institutions.” (The very same judge incidentally, sentenced Nicola Sacco and Vanzetti to death for a robbery and murder of which they were manifestly innocent). It is not surprising that Nazi Germany’s foremost constitutional lawyer, Carl Schmitt, advanced a theory which generalised this a priori culpability. A thief, for example, was not necessarily one who has committed an overt act of theft, but rather one whose character renders him a thief (wer nach seinem wesen ein Dieb ist). Nixon’s and J Edgar Hoover’s pronouncements lead one to believe that they would readily accept Schmitt’s fascist legal theory. Anyone who seeks to overthrow oppressive institutions, whether or not he has engaged in an overt illegal act, is a priori a criminal who must be buried away in one of America’s dungeons.
Even in all of Martin Luther King’s numerous arrests, he was not so much charged with the nominal crimes of trespassing, disturbance of the peace, etc, but rather with being an enemy of Southern society, an inveterate foe of racism. When Robert Williams was accused of a kidnapping, this charge never managed to conceal his real offense – the advocacy of Black people’s incontestable right to bear arms in their own defence.
The offense of the political prisoner is his political boldness, his persistent challenging – legally or extra-legally – of fundamental social wrongs fostered and reinforced by the state. He has opposed unjust laws and exploitative, racist social conditions in general, with the ultimate aim of transforming these laws and this society into an order harmonious with the material and spiritual needs and interests of the vast majority of its members.
The battle for the liquidation of slavery had no legitimate existence in the eyes of the government and therefore the special quality of deeds carried out in the interests of freedom was deliberately ignored. There were no political prisoners, there were only criminals; just as the movement out of which these deeds flowed was largely considered criminal.
Likewise, the significance of activities which are pursued in the interests of liberation today is minimised not so much because officials are unable to see the collective surge against oppression, but because they have consciously set out to subvert such movements. In the spring of 1970, Los Angeles Panthers took up arms to defend themselves from an assault initiated by the local police force on their office and on their persons. They were charged with criminal assault. If one believed the official propaganda, they were bandits and rogues who pathologically found pleasure in attacking policemen. It was not mentioned that their community activities – educational work, services such as free breakfast and free medical programmes – which had legitimised them in the Black community, were the immediate reason for which the wrath of the police had fallen upon them. In defending themselves from the attack waged by some 600 policemen (there were only 11 Panthers in the office) they were defending not only their lives, but even more important their accomplishments in the Black community surrounding them and in the boarded thrust for Black liberation. Whenever Blacks in struggle have recourse to self-defence, particular armed self-defence, it is twisted and distorted on official levels and ultimately rendered synonymous with criminal aggression. On the other hand, when policemen are clearly indulging in acts of criminal aggression, officially they are defending themselves through “justifiable assault” or “justifiable homicide”.
The legal apparatus designates the Black liberation fighter a criminal, prompting Richard Nixon, Spiro Agnew, Ronald Reagan et al to proceed to mystify with their demagogy millions of Americans whose senses have been dulled and whose critical powers have been eroded by the continual onslaught of racist ideology.
As the Black Liberation Movement and other progressive struggles increase in magnitude and intensity, the judicial system and its extension, the penal system, consequently become key weapons in the state’s fight to preserve the existing conditions of class domination, therefore racism, poverty and war.
In 1951, WEB du Bois, as chairman of the Peace Information Center, was indicted by the federal government for “failure to register as an agent of a foreign principal”. In assessing this ordeal, which occurred in the ninth decade of his life, he turned his attention to the inhabitants of the nation’s jails and prisons:
“What turns me cold in all this experience is the certainty that thousands of innocent victims are in jail today because they had neither money nor friends to help them. The eyes of the world were on our trial despite the desperate efforts of press and radio to suppress the facts and cloud the real issues; the courage and money of friends and of strangers who dared stand for a principle freed me; but God only knows how many who were as innocent as I and my colleagues are today in hell. They daily stagger out of prison doors embittered, vengeful, hopeless, ruined. And of this army of the wronged, the proportion of Negroes is frightful. We protect and defend sensational cases where Negroes are involved. But the great mass of arrested or accused Black folk have no defence. There is desperate need of nationwide organisations to oppose this national racket of railroading to jails and chain gangs the poor, friendless and Black.”
Almost two decades passed before the realisation attained by Du Bois on the occasion of his own encounter with the judicial system achieved extensive acceptance. A number of factors have combined to transform the penal system into a prominent terrain of struggle, both for the captives inside and the masses outside. The impact of large numbers of political prisoners both on prison populations and on the mass movement has been decisive. The vast majority of political prisoners have not allowed the fact of imprisonment to curtail their educational, agitational and organising activities, which they continue behind prison walls. And in the course of developing mass movements around political prisoners, a great deal of attention has inevitably been focused on the institutions in which they are imprisoned. Furthermore the political receptivity of prisoners – especially Black and Brown captives – has been increased and sharpened by the surge of aggressive political activity rising out of Black, Chicano and other oppressed communities. Finally, a major catalyst for intensified political action in and around prisons has emerged out of the transformation of convicts, originally found guilty of criminal offenses, into exemplary political militants. Their patient educational efforts in the realm of exposing the specific oppressive structures of the penal system in their relation to the larger oppression of the social system have had a profound effect on their fellow captives.
Prisoners – especially Blacks, Chicanos and Puerto Ricans – are increasingly advancing the proposition that they are political prisoners. They contend that they are political prisoners in the sense that they are largely the victims of an oppressive politico-economic order, swiftly becoming conscious of the causes underlying their victimisation. The Folsom Prisoners’ Manifesto of Demands and Anti-Oppression Platform attests to a lucid understanding of the structures of oppression within the prison – structures which contradict even the avowed function of the penal institution: “The programme we are submitted to, under the ridiculous title of rehabilitation, is relative to the ancient stupidity of pouring water on the drowning man, in as much as we are treated for our hostilities by our programme administrators with their hostility for medication.” The manifesto also reflects an awareness that the severe social crisis taking place in this country, predicated in part on the ever-increasing mass consciousness of deepening social contradictions, is forcing the political function of the prisons to surface in all its brutality. Their contention that prisons are being transformed into the “fascist concentration camps of modern America”, should not be taken lightly, although it would be erroneous as well as defeatist in a practical sense, to maintain that fascism has irremediably established itself.
The point is this, and this is the truth which is apparent in the manifesto: the ruling circles of America are expanding and intensifying repressive measures designed to nip revolutionary movements in the bud as well as to curtail radical-democratic tendencies, such as the movement to end the war in Indochina. The government is not hesitating to utilise an entire network of fascist tactics, including the monitoring of congressman’s telephone calls, a system of “preventive fascism”, as Herbert Marcuse has termed it, in which the role of the judicial-penal systems looms large. The sharp edge of political repression, cutting through the heightened militancy of the masses, and bringing growing numbers of activists behind prison walls, must necessarily pour over into the contained world of the prison where it understandably acquires far more ruthless forms.
It is a relatively easy matter to persecute the captive whose life is already dominated by a network of authoritarian mechanisms. This is especially facilitated by the indeterminate sentence policies of many states, for politically conscious prisoners will incur inordinately long sentences on the original conviction. According to Louis S Nelson, warden of the San Quentin Prison, “if the prisons of California become known as schools for violent revolution, the Adult Authority would be remiss in their duty not to keep the inmates longer” (San Francisco Chronicle, 2 May 1971). Where this is deemed inadequate, authorities have recourse to the whole spectrum of brutal corporal punishment, including out and out murder. At San Quentin, Fred Billingslea was teargassed to death in February 1970. WL Nolen, Alvin Miller and Cleveland Edwards were assassinated by a prison guard in January 1970, at Soledad Prison. Unusual and inexplicable “suicides” have occurred with incredible regularity in jails and prisons throughout the country.
It should be self-evident that the frame-up becomes a powerful weapon within the spectrum of prison repression, particularly because of the availability of informers, the broken prisoners who will do anything for a price. The Soledad Brothers and the Soledad Three are leading examples of frame-up victims. Both cases involve militant activists who have been charged with killing Soledad prison guards. In both cases, widespread support has been kindled within the California prison system. They have served as occasions to link the immediate needs of the Black community with a forceful fight to break the fascist stronghold in the prisons and therefore to abolish the prison system in its present form.
Racist oppression invades the lives of Black people on an infinite variety of levels. Blacks are imprisoned in a world where our labour and toil hardly allow us to eke out a decent existence, if we are able to find jobs at all. When the economy begins to falter, we are forever the first victims, always the most deeply wounded. When the economy is on its feet, we continue to live in a depressed state. Unemployment is generally twice as high in the ghettos as it is in the country as a whole and even higher among Black women and youth. The unemployment rate among Black youth has presently skyrocketed to 30%. If one-third of America’s white youths were without a means of livelihood, we would either be in the thick of revolution or else under the iron rule of fascism. Substandard schools, medical care hardly fit for animals, over-priced, dilapidated housing, a welfare system based on a policy of skimpy concessions, designed to degrade and divide (and even this may soon be canceled) – this is only the beginning of the list of props in the overall scenery of oppression which, for the mass of Blacks, is the universe.
In Black communities, wherever they are located, there exists an ever-present reminder that our universe must remain stable in its drabness, its poverty, its brutality. From Birmingham to Harlem to Watts, Black ghettos are occupied, patrolled and often attacked by massive deployments of police. The police, domestic caretakers of violence, are the oppressor’s emissaries, charged with the task of containing us within the boundaries of our oppression.
The announced function of the police, “to protect and serve the people”, becomes the grotesque caricature of protecting and preserving the interests of our oppressors and serving us nothing but injustice. They are there to intimidate Blacks, to persuade us with their violence that we are powerless to alter the conditions of our lives. Arrests are frequently based on whims. Bullets from their guns murder human beings with little or no pretext, aside from the universal intimidation they are charged with carrying out. Protection for drug-pushers, and Mafia-style exploiters, support for the most reactionary ideological elements of the Black community (especially those who cry out for more police), are among the many functions of forces of law and order. They encircle the community with a shield of violence, too often forcing the natural aggression of the Black community inwards. Frantz Fanon’s analysis of the role of colonial police is an appropriate description of the function of the police in America’s ghettos.
It goes without saying that the police would be unable to set into motion their racist machinery were they not sanctioned and supported by the judicial system. The courts not only consistently abstain from prosecuting criminal behaviour on the part of the police, but they convict, on the basis of biased police testimony, countless Black men and women. Court-appointed attorneys, acting in the twisted interests of overcrowded courts, convince 85% of the defendants to plead guilty. Even the manifestly innocent are advised to cop a plea so that the lengthy and expensive process of jury trials is avoided. This is the structure of the apparatus which summarily railroads Black people into jails and prisons. (During my imprisonment in the New York Women’s House of Detention, I encountered numerous cases involving innocent Black women who had been advised to plead guilty. One sister had entered her white landlord’s apartment for the purpose of paying rent. He attempted to rape her and in the course of the ensuing struggle, a lit candle toppled over, burning a tablecloth. The landlord ordered her arrested for arson. Following the advice of her court-appointed attorney, she entered a guilty plea, having been deceived by the attorney’s insistence that the court would be more lenient. The sister was sentenced to three years.)
The vicious circle linking poverty, police courts and prison is an integral element of ghetto existence. Unlike the mass of whites, the path which leads to jails and prisons is deeply rooted in the imposed patterns of Black existence. For this very reason, an almost instinctive affinity binds the mass of Black people to the political prisoners. The vast majority of Blacks harbour a deep hatred of the police and are not deluded by official proclamations of justice through the courts.
For the Black individual, contact with the law-enforcement-judicial-penal network, directly or through relatives and friends, is inevitable because he or she is Black. For the activist become political prisoner, the contact has occurred because he has lodged a protest, in one form or another, against the conditions which nail Blacks to this orbit of oppression.
Historically, Black people as a group have exhibited a greater potential for resistance than any other part of the population. The iron-clad rule over our communities, the institutional practice of genocide, the ideology of racism have performed a strictly political as well as an economic function. The capitalists have not only extracted super profits from the underpaid labour of over 15% of the American population with the aid of a superstructure of terror. This terror and more subtle forms of racism have further served to thwart the flowering of a resistance – even a revolution that would spread to the working class as a whole.
Revolutionary Blacks must spearhead and provide leadership for a broad anti-fascist movement. Fascism is a process, its growth and development are cancerous in nature. While today, the threat of fascism may be primarily restricted to the use of the law-enforcement-judicial-penal apparatus to arrest the overt and latent revolutionary trends among nationally oppressed people, tomorrow it may attack the working class en masse and eventually even moderate democrats. Even in this period, however, the cancer has already commenced to spread.
Among the further symptoms of the fascist threat are official efforts to curtail the power of organised labour, such as the attack on the manifestly conservative construction workers and the trends towards reduced welfare aid. Moreover, court decisions and repressive legislation augmenting police powers – such as the Washington no-knock law, permitting police to enter private dwellings without warning, and Nixon’s “Crime Bill” in general – can eventually be used against any citizen.
One of the fundamental historical lessons to be learned from past failures to prevent the rise of fascism is the decisive and indispensable character of the fight against fascism in its incipient phases. Once allowed to conquer ground, its growth is facilitated in geometric proportion. Although the most unbridled expressions of the fascist menace are still tied to the racist domination of Blacks, Chicanos, Puerto Ricans, Indians, it lurks under the surface wherever there is potential resistance to the power of monopoly capital, the parasitic interests which control this society. Potentially it can profoundly worsen the conditions of existence for the average American citizen. Consequently, the masses of people in this country have a real, direct and material stake in the struggle to free political prisoners, the struggle to abolish the prison system in its present form, the struggle against all dimensions of racism.
No one should fail to take heed of Georgi Dimitrov’s warning: “Whoever does not fight the growth of fascism at these preparatory stages is not in a position to prevent the victory of fascism, but, on the contrary, facilitates that victory” (Report to the Seventh Congress of the Communist International, 1935). The only effective guarantee against the victory of fascism is an indivisible mass movement which refuses to conduct business as usual as long as repression rages on. It is only natural that Blacks and other Third World peoples must lead this movement, for we are the first and most deeply injured victims of fascism. But it must embrace all potential victims and most important, all working-class people, for the key to the triumph of fascism is its ideological victory over the entire working class. Given the eruption of a severe economic crisis, the door to such an ideological victory can be opened by the active approval or passive toleration of racism. It is essential that white workers become conscious that historically through their acquiescence in the capitalist-inspired oppression of Blacks they have only rendered themselves more vulnerable to attack.
The pivotal struggle which must be waged in the ranks of the working class is consequently the open, unreserved battle against entrenched racism. The white worker must become conscious of the threads which bind him to James Johnson, a Black auto worker, member of the United Automobile Workers union and a political prisoner presently facing charges for the killings of two foremen and a job setter. The merciless proliferation of the power of monopoly capital may ultimately push him inexorably down the very same path of desperation. No potential victim of the fascist terror should be without the knowledge that the greatest menace to racism and fascism is unity!
Marin County Jail
For a full version of this text, see Viewpoint Magazine.