Eighty-two years after being pulled off a Memphis-bound freight train, accused of raping two white women, threatened with lynching and subjected to years of blatant miscarriages of justice, the three Scottsboro Boys who had not yet been acquitted or pardoned were cleared by the state of Alabama on November 21. “Today is a reminder that it is never too late to right a wrong,” said State Senator Arthur Orr, who sponsored a bill to create a legal framework for the pardon. But however important as a symbolic gesture, the overdue action only underscored the fact that justice delayed is by definition justice denied: Clarence Norris, the last of the Scottsboro Boys, died in 1989.
Edited and published at the time by NAACP co-founder Oswald Garrison Villard, The Nation immediately recognized Scottsboro as a vital front in the battle for civil rights and dispatched associate editor Dorothy Van Doren to Alabama to report on the case. Eight of the nine boys arrested had been charged in a snap trial lasting less than two weeks and were scheduled to hang in June 1931, but that date was postponed as a motion for a new trial was granted. They would remain in legal limbo, enduring numerous retrials and new convictions at the hands of all-white juries—even after one of the accusers admitted her allegation was a lie—for years.
In “Eight Who Must Not Die” (June 3, 1931), Van Doren wrote that precisely what made the accused such ripe targets for a racist and bloodthirsty Alabama judicial system was precisely what made their exoneration—if, as seemed clear to Van Doren and most observers, they were innocent—all the more necessary. In words sure to make twenty-first-century progressives uncomfortable, she wrote of the defendants:
None of them can read or write. All have unsavory reputations. They have been accused of various petty crimes—gambling, thieving, more or less harmful mischief in general. They are not noble characters; it is a safe guess that not one of them will ever amount to much. They are the products of ignorance, of the most wretched and extreme poverty, of dirt, disorder, and race oppression. Yet there is no reason in the world why they should not have every legal right accorded to the finest and most cultivated person in the land. They are poor and ignorant and irresponsible. All the more should the state protect them, all the more should every device of the courts and every safeguard of the law be invoked to the end that justice be served.
Two years later, as the proceedings were moved from Scottsboro to Decatur—“from all reports just a larger Scottsboro”—The Nation wrote in an editorial: “The Scottsboro boys are now more than ever in mortal danger. It is likely that only the pressure of public opinion upon the State of Alabama can save their lives. We hope that that pressure will be increasingly applied, by letter, by telegram, and by widespread publicity.”