James E. O'Hara
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James Edward O'Hara (February 26, 1844 – September 15, 1905) was an
American American(s) may refer to: * American, something of, from, or related to the United States of America, commonly known as the "United States" or "America" ** Americans, citizens and nationals of the United States of America ** American ancestry, pe ...
politician and attorney who in 1882, after Reconstruction, was the second
African American African Americans (also referred to as Black Americans and Afro-Americans) are an ethnic group consisting of Americans with partial or total ancestry from sub-Saharan Africa. The term "African American" generally denotes descendants of ens ...
to be elected to Congress from
North Carolina North Carolina () is a U.S. state, state in the Southeastern United States, Southeastern region of the United States. The state is the List of U.S. states and territories by area, 28th largest and List of states and territories of the United ...
."James Edward O’Hara (1844–1905)"
North Carolina History Project
He was born in New York City to parents of mixed-race
West Indian A West Indian is a native or inhabitant of the West Indies (the Antilles and the Lucayan Archipelago). For more than 100 years the words ''West Indian'' specifically described natives of the West Indies, but by 1661 Europeans had begun to use it ...
and
Irish Irish may refer to: Common meanings * Someone or something of, from, or related to: ** Ireland, an island situated off the north-western coast of continental Europe ***Éire, Irish language name for the isle ** Northern Ireland, a constituent unit ...
ancestry and was raised in the West Indies. As a young man, he traveled to the
southern United States The Southern United States (sometimes Dixie, also referred to as the Southern States, the American South, the Southland, or simply the South) is a geographic and cultural region of the United States of America. It is between the Atlantic Ocean ...
after the
American Civil War The American Civil War (April 12, 1861 – May 26, 1865; also known by Names of the American Civil War, other names) was a civil war in the United States. It was fought between the Union (American Civil War), Union ("the North") and t ...
with religious
missionaries A missionary is a member of a religious group which is sent into an area in order to promote its faith or provide services to people, such as education, literacy, social justice, health care, and economic development.Thomas Hale 'On Being a Mi ...
from the
African Methodist Episcopal Zion Church African or Africans may refer to: * Anything from or pertaining to the continent of Africa: ** People who are native to Africa, descendants of natives of Africa, or individuals who trace their ancestry to indigenous inhabitants of Africa *** Ethn ...
, an independent black denomination, to help
freedmen A freedman or freedwoman is a formerly enslaved person who has been released from slavery, usually by legal means. Historically, enslaved people were freed by manumission (granted freedom by their captor-owners), emancipation (granted freedom ...
establish independent lives and new congregations. O'Hara became active in politics, being elected as a
Republican Republican can refer to: Political ideology * An advocate of a republic, a type of government that is not a monarchy or dictatorship, and is usually associated with the rule of law. ** Republicanism, the ideology in support of republics or agains ...
to local and state offices. O'Hara passed the bar in North Carolina in 1873 and started a law practice there. In 1878, he ran for Congress and won, but his white opponent was ruled the winner by corrupt public officials. In 1882, O'Hara was elected as a
Republican Republican can refer to: Political ideology * An advocate of a republic, a type of government that is not a monarchy or dictatorship, and is usually associated with the rule of law. ** Republicanism, the ideology in support of republics or agains ...
member of the
United States House of Representatives The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the lower chamber of the United States Congress, with the Senate being the upper chamber. Together they ...
from
North Carolina's 2nd congressional district North Carolina's 2nd congressional district is located in the central part of the state. The district contains most of Wake County. Prior to court-mandated redistricting in 2019, it also included northern Johnston County, southern Nash County, ...
, where there was a black majority. He served two terms. After being defeated in the 1886 election, he returned to his law practice.


Early life and education

James O'Hara was born in
New York City New York, often called New York City or NYC, is the List of United States cities by population, most populous city in the United States. With a 2020 population of 8,804,190 distributed over , New York City is also the L ...
on February 26, 1844. His mother was
West Indian A West Indian is a native or inhabitant of the West Indies (the Antilles and the Lucayan Archipelago). For more than 100 years the words ''West Indian'' specifically described natives of the West Indies, but by 1661 Europeans had begun to use it ...
(likely of
mixed race Mixed race people are people of more than one race or ethnicity. A variety of terms have been used both historically and presently for mixed race people in a variety of contexts, including ''multiethnic'', ''polyethnic'', occasionally ''bi-ethn ...
), and his father was an
Irish American , image = Irish ancestry in the USA 2018; Where Irish eyes are Smiling.png , image_caption = Irish Americans, % of population by state , caption = Notable Irish Americans , population = 36,115,472 (10.9%) alone ...
merchant. Soon after James was born, his parents moved the family to the West Indies, where they lived into the 1850s before returning to New York.


Career in North Carolina

After the
American Civil War The American Civil War (April 12, 1861 – May 26, 1865; also known by Names of the American Civil War, other names) was a civil war in the United States. It was fought between the Union (American Civil War), Union ("the North") and t ...
, O'Hara moved to North Carolina with
missionaries A missionary is a member of a religious group which is sent into an area in order to promote its faith or provide services to people, such as education, literacy, social justice, health care, and economic development.Thomas Hale 'On Being a Mi ...
of the
African Methodist Episcopal Zion Church African or Africans may refer to: * Anything from or pertaining to the continent of Africa: ** People who are native to Africa, descendants of natives of Africa, or individuals who trace their ancestry to indigenous inhabitants of Africa *** Ethn ...
, an independent black denomination founded in New York City. It was seeking to aid
freedmen A freedman or freedwoman is a formerly enslaved person who has been released from slavery, usually by legal means. Historically, enslaved people were freed by manumission (granted freedom by their captor-owners), emancipation (granted freedom ...
and to plant new congregations of the independent church in the South. During his early years in North Carolina, he "read the law" as a legal apprentice. O'Hara was admitted to the North Carolina bar in 1873 as the third black lawyer in the state and returned to
Enfield, North Carolina Enfield is a town in Halifax County, North Carolina, United States, and was founded in 1740. As of the 2010 United States Census, the town's population was 2,532, which reflected an increase of almost 8% from the population of 2,347 in 2000. It is ...
, to start his law practice. He also started becoming involved in politics.


Political career

After serving as a delegate and a clerk for the 1868 state convention that drafted a new state constitution, O'Hara—a
Republican Republican can refer to: Political ideology * An advocate of a republic, a type of government that is not a monarchy or dictatorship, and is usually associated with the rule of law. ** Republicanism, the ideology in support of republics or agains ...
—served in the
North Carolina House of Representatives The North Carolina House of Representatives is one of the two houses of the North Carolina General Assembly. The House is a 120-member body led by a Speaker of the House The speaker of a deliberative assembly, especially a legislative body, ...
from 1868 to 1869. In 1873, he was elected chairman of the Halifax County board of commissioners. He served in that capacity for four years. Halifax and nearby counties of the northeast part of the state had black majorities, and were included within
North Carolina's 2nd congressional district North Carolina's 2nd congressional district is located in the central part of the state. The district contains most of Wake County. Prior to court-mandated redistricting in 2019, it also included northern Johnston County, southern Nash County, ...
. By 1877, New Bern—the major population center in the area—was a black-majority city. In the postwar period, many blacks had migrated from rural to urban areas to establish communities independent of white supervision. O'Hara was a delegate to the state constitutional convention of 1875, where he represented Halifax County. O'Hara competed for the congressional seat from the 2nd District numerous times. When he ran for Congress in 1878, he was accused of
bigamy In cultures where monogamy is mandated, bigamy is the act of entering into a marriage with one person while still legally married to another. A legal or de facto separation of the couple does not alter their marital status as married persons. ...
. If true, this accusation would have rendered him ineligible to serve in Congress. O'Hara denied the charge and maintained that he had obtained a legal divorce from his first wife without her knowledge. The Republican executive committee refused to accept his account and pulled him from the congressional race, calling for a second convention less than three weeks before the election. At the next convention, O'Hara nearly earned his nomination back, but the Democrats accused him of not being a United States citizen. (As of November 1867, Wayne County records showed O'Hara to be a native of the Virgin Islands. O'Hara stated that he had taken preliminary steps to become naturalized, but had never completed the process as he learned he was born in New York City.) While the Republicans opted to nominate James H. Harris (a white candidate), O'Hara remained in the race and won the election. However, when the votes were "counted," many of his votes were thrown out, allowing his Democratic opponent, "Buck" Kitchin, to prevail. ''The New York Times'' called the election "pure Democratic villainy," as it was widely known that Democrats sent a telegram to Tarboro stating that if O'Hara received less than a 1,000 vote majority in Egdecombe County, Kitchin would win. O'Hara contested the results, but evidence was destroyed when his house burned down amid suspicious circumstances. His court challenges to the election results failed. O'Hara ran unsuccessfully for Congress once again in 1880. In 1882, O'Hara was elected to Congress from
North Carolina's 2nd congressional district North Carolina's 2nd congressional district is located in the central part of the state. The district contains most of Wake County. Prior to court-mandated redistricting in 2019, it also included northern Johnston County, southern Nash County, ...
. He served in the Forty-eighth Congress and was re-elected to the Forty-ninth Congress, serving from March 4, 1883 - March 3, 1887. He was the second African American (after John A. Hyman) to be elected to Congress from North Carolina and was the first to be elected following the end of the Reconstruction era. While in Congress, O’Hara served on the Mines and Mining Committee, the Expenditures on Public Buildings Committee, and the Invalid Pensions Committee. He was known for making short speeches and fighting for the rights of African Americans. He proposed a constitutional amendment to require equal accommodations for African Americans on public transportation and proposed legislation to reinstate the 1875 Civil Rights Bill. Although O'Hara influenced the
Interstate Commerce Act of 1887 The Interstate Commerce Act of 1887 is a United States federal law that was designed to regulate the railroad industry, particularly its monopolistic practices. The Act required that railroad rates be "reasonable and just," but did not empower ...
, asserting that Congress could regulate passenger cars as well as freight traffic, he was unable to gain language requiring enforcement of integrated passenger seating for the railroads. Congress allowed a loophole permitting segregated seating, although the railroads' interstate transportation was under federal oversight and should have been enforced constitutional rights. That year, O'Hara succeeded in amending the appropriations bill for the District of Columbia (which was then administered by the US Congress), in order to require that male and female teachers doing the same work and having the same certificates be paid equivalent salaries. Teachers of both races were paid equally during that period. He also attempted to secure compensation for freedmen who lost savings in the failure of the Freedmen's Savings and Trust Company, but was unsuccessful. Among the 139 Republicans in the House of Representatives at the time, O'Hara was to only one to vote against the
Edmunds–Tucker Act The Edmunds–Tucker Act of 1887 was an Act of Congress that focused on restricting some practices of the Church of Jesus Christ of Latter-day Saints (LDS Church). An amendment to the earlier Edmunds Act, it was passed in response to the dispute ...
of 1887. Because of Republican infighting in O'Hara's district, the vote in 1886 was split between another candidate and O'Hara. The Democrat
Furnifold M. Simmons Furnifold McLendel Simmons (January 20, 1854April 30, 1940) was an American politicians who served as a Democratic member of the United States House of Representatives from March 4, 1887 to March 4, 1889 and U.S. senator from the state of North ...
was elected by a plurality to the Fiftieth Congress. In 1900 the Democrat-dominated state legislature passed a constitutional suffrage amendment that effectively disfranchised blacks through making voter registration more difficult. This status lasted for most blacks in the state until passage in the mid-1960s of civil rights legislation to enforce their rights. After his defeat in 1886, O'Hara ran for Congress unsuccessfully in 1888. He then resumed the practice of law in New Bern with his son Raphael.


Personal life

O'Hara married 22-year-old Ann Maria Harris, in New Bern, on March 16, 1864. Two years later, he moved to Goldsboro, accepting a teaching position. However, Ann refused to move there with him, even after becoming pregnant. Their relationship deteriorated, and O'Hara stopped seeing Ann, who moved to Boston and changed her surname to "Cowan." It is unclear if he ever saw their child. After Ann left him, O'Hara met and married Elizabeth Eleanor Harris, who went by "Libby”, on July 14, 1869. Elizabeth was from a prominent family in Oberlin, Ohio. She had relocated to the South, after the War to teach
freedmen A freedman or freedwoman is a formerly enslaved person who has been released from slavery, usually by legal means. Historically, enslaved people were freed by manumission (granted freedom by their captor-owners), emancipation (granted freedom ...
. In 1878, when he ran for Congress, O'Hara was accused of
bigamy In cultures where monogamy is mandated, bigamy is the act of entering into a marriage with one person while still legally married to another. A legal or de facto separation of the couple does not alter their marital status as married persons. ...
because of his two marriages. Asserting that he had obtained a legal divorce from Ann without her knowledge, O'Hara denied the accusation. He and Elizabeth had a son, Raphael. Raphael earned a law degree in 1895 at
Shaw University Shaw University is a private Baptist historically black university in Raleigh, North Carolina. It is affiliated with the American Baptist Churches USA. Founded on December 1, 1865, Shaw University is the oldest HBCU to begin offering courses in ...
and joined his father in his law practice, by then in
New Bern, North Carolina New Bern, formerly called Newbern, is a city in Craven County, North Carolina, United States. As of the 2010 census it had a population of 29,524, which had risen to an estimated 29,994 as of 2019. It is the county seat of Craven County and ...
. Raphael was the "first second-generation black lawyer in the state" and practiced for nearly 50 years.Smith (1999), p. 205 O'Hara was a Roman Catholic. He died in New Bern on September 15, 1905, at the age of 61. Elizabeth O'Hara died on January 30, 1930, at the age of 80. Raphael O'Hara died on October 30, 1952, also at the age of 80.


See also

*
Civil rights movement (1865–1896) The civil rights movement (1865–1896) aimed to eliminate racial discrimination against African Americans, improve their educational and employment opportunities, and establish their electoral power, just after the abolition of slavery in the ...
*
List of African-American United States representatives The United States House of Representatives has had 156 elected African Americans, African-American members, of whom 150 have been representatives from U.S. states and 6 have been Non-voting members of the United States House of Representatives, ...


References


Bibliography

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Further reading

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External links

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O'Hara, James Edward
- Fro
Black Americans in Congress
maintained by the
Clerk of the United States House of Representatives The Clerk of the United States House of Representatives is an officer of the United States House of Representatives, whose primary duty is to act as the chief record-keeper for the House. Along with the other House officers, the Clerk is elec ...
.
Guide to the James E. O'Hara Papers 1866-1970
at th
University of Chicago Special Collections Research Center
{{DEFAULTSORT:Ohara, James E. 1844 births 1905 deaths African-American members of the United States House of Representatives African-American politicians during the Reconstruction Era American people of Irish descent American people of West Indian descent Politicians from New York City Politicians from New Bern, North Carolina Republican Party members of the United States House of Representatives from North Carolina 19th-century American legislators People from Enfield, North Carolina 20th-century African-American people