Noted Historian and Milwaukee Native Kenneth Stampp Passes Away

peculiar1For the second time in recent weeks, a major Civil War era historian whose work was enormously important for American legal and constitutional history has passed away.  Kenneth Stampp, Professor Emeritus of History at the University of California-Berkeley, died this past Friday at age 96, less than two months after the death of Harvard’s David Herbert Donald.

Stampp’s 1956 work, The Peculiar Institution: Slavery in the Antebellum South, revolutionized the study of American negro slavery, once and for all dismissing suggestions that the institution was fundamentally benign or that African-Americans quietly acquiesced in their slave status.  No book did more to demolish the moonlight and magnolias view of antebellum southern history.

His 1965 work, The Era of Reconstruction, 1865-1877, destroyed the myth that white Southerners were the primary “victims” of the Reconstruction years.  This work was among the first to link the Reconstruction period to the modern civil rights movement, which was very much underway during the time that Stampp wrote.

Stampp was also the author of numerous other historical works, including And the War Came: The North and the Secession Crisis (1950) and America in 1857: A Nation on the Brink (1990).  Over the course of his long career, he won most of the major awards available to American historians.  He was also instrumental in the training of a generation of Southern and Civil War era historians whose own work built upon the insights of their mentor.  His former students include such historical luminaries as William Freehling, Leon Litwak, James Oakes, Joel Williamson, William Gienapp, John Sproat, Robert Starobin, Robert Abzug, and Reid Mitchell.

What is less well known is that Kenneth Stampp was a native of Milwaukee.  He was born in the Cream City on July 12, 1912, the son of Oscar Stampp, a naprapath (chiropractor), and Eleanor Schmidt Stampp, a homemaker.  While his parents were native-born Americans, his grandparents were all born in Germany or Switzerland, and Stampp grew up in a Protestant neighborhood on the north side of Milwaukee where German was spoken as frequently as English, at least until the onset of U. S. involvement in the First World War.

Stampp attended Washington High School, from which he graduated in 1931 during the depths of the Great Depression.  He began college at Milwaukee State Teachers College (now UWM), but left abruptly in 1933 when one of his professors sought to discourage him from continuing to pursue his goal of becoming a high school history teacher.  (The professor thought that Stampp should pursue a career in elementary education.)

After withdrawing from Milwaukee State, Stampp’s German Methodist father suggested that he enroll in Marquette University instead.  As Stampp later recounted, “My father said, ‘Well, would you like to go to Marquette University?’ I said, ‘I’m not going to that Catholic institution.’ I have to tell you another thing: there was a lot of anti-Catholicism in my family because of their kind of Protestantism. My father had been very anti-Catholic, so I had no trouble saying, “Look, I’m not going to that Catholic college.”

After briefly considering enrolling in Waukesha’s Carroll College, Stampp instead enrolled at the University of Wisconsin-Madison, from which he received his B.A. (1935), M.A. (1936), and Ph.D. (1942) degrees in history.  His first teaching positions were at the University of Arkansas and the University of Maryland.  He joined the faculty of the University of California in 1946 and remained there until his retirement in 1983, except for stints as a visiting professor at Harvard, Oxford, the University of London, and the University of Munich.

A full transcript of Stampp’s 1998 oral autobiography, which includes the story regarding his boyhood in Milwaukee and his decision not to attend Marquette University, can be found online here.

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Judge Cannon and the Continuity of the Profession

old-courthouseEach May the Milwaukee Bar Association holds an annual Memorial Service to remember lawyers in this region who have passed away within the previous year. It occurs in the Ceremonial Courtroom of the Milwaukee County Courthouse and is attended by a variety of judges, lawyers, family of deceased lawyers, and others. When I was appointed dean in 2003, my friend, Tom Shriner, invited me to give the annual Memorial Address, in light of my association with the late Dean Howard B. Eisenberg, and I have tried to attend the event each subsequent year as well. This year, one of the “responses” to the Memorial Address (or remembrances) was delivered by Tom Cannon, director of the Legal Aid Society of Milwaukee and former faculty member of the Law School (see this previous blog post by Professor Blinka). Tom remembered his father, the late Judge Robert C. Cannon, L’41.

Here is a bit of the beginning of Tom Cannon’s remembrance:

Dad was probably destined to become a lawyer. By the time he was born in 1917, his father was already emerging as an iconic figure in the legal profession. Dad’s uncle, Ed Carey, was also a lawyer. And many of Dad’s numerous cousins became practicing attorneys as well. These included the Jenningses, Foleys, Tierneys, Gillicks, and Flemings — all well-known, multi-generational legal families in Milwaukee.

One of Dad’s earliest memories was sitting in a high-ceilinged courtroom in the ornate old Milwaukee County Courthouse on what is now Cathedral Square. His father was trying a case there against a cousin, Joe Tierney, Sr. As the sun streamed in through a bank of tall, stately windows, and crept toward the jurors’ faces, Dad watched his father walk over and slowly draw the shades. Perhaps it was that early moment that influenced him to become a lawyer.

Tom’s remarks are well worth the few minutes that it will take to read them — and to remember both Judge Cannon and others of our forbears who contributed much to society through the legal profession. You can find a link to them here.

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Milwaukee Foreclosure Mediation Program Kickoff

With a terrific training session last week for our new volunteer attorney-mediators, I am pleased to report that the Milwaukee Foreclosure Mediation Program is moving forward.  You can link here for the website giving the background details (including generous funding by the city and state — see the announcement by the Dean here) and our training materials.  After the training, I have a better idea of how we reached this crisis (with 7500 homes in Milwaukee in foreclosure) and what options might exist for working this out. 

I don’t expect that all of these cases will magically work out (and some are absolutely ripe for litigation).  At the same time, I am optimistic that this program can help people save their homes.  We will start mediating cases soon and will be tracking not only our immediate settlement rate, but whether people are in their homes six months, twelve months, and twenty-four months down the road.

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