Race Distinctions in American LawStephenson, Gilbert Thomas
History
Race Distinctions in American Law
Stephenson, Gilbert Thomas
African Americans -- Politics and government; Law -- United States -- History; United States -- Race relations
The government of Louisiana was early in the hands of the
Reconstructionists, as its statutes show. The Constitution[377] of 1868
said: “There shall be no separate schools or institutions of learning
established exclusively for any race by the State of Louisiana.” A
separation of the races in schools had been required by the
Constitutions of 1845[378] and 1852,[379] which makes this provision of
the Constitution of 1868 all the more significant. In 1871 provision was
made for an institution for the instruction of the blind, and an
industrial home for the blind at Baton Rouge. The statute[380] relative
to these concluded thus: “... no part of this act shall be construed so
as to deprive any person on account of race or color of the privilege of
admittance to the institution.” A law[381] of 1875 which established an
agricultural and mechanical college provided that there should be no
discrimination of race or color in the admission, management, or
discipline of the institution. The Constitution of 1879 did not
expressly prohibit the separation of the races in schools, as that of
1868 had done, but on the other hand it did not require separation. It
seems, rather, to have left the matter in the hands of the legislature.
The first reference made to separate schools was in 1880, when a
university was established for the education of persons of color, called
the Southern University, four of the twelve trustees of which were to be
Negroes.[382] Finally, the Constitution[383] of 1898 requires the
general assembly to establish free public schools for the white and
colored races.
A Maryland statute[384] of 1870 declared that all the taxes paid for
school purposes by the colored people in any county or in the city of
Baltimore, together with donations for that purpose, should be set aside
for maintaining schools for colored children. The school commissioners
were given power to make further appropriations as they should deem
proper to assist the colored schools. A law[385] of 1872 provided that
the school commissioners should establish one or more public schools in
each election district for colored children, which must be kept open as
long as the other public schools of the county were kept open. They are
subject to the same laws and must furnish instruction in the same
branches as the white schools. The taxes paid for school purposes by
colored persons must be devoted to the maintenance of colored schools.
This is the Maryland law,[386] in substance, as it exists at present,
except that a separate school does not have to be provided in each
election district unless the colored population in that district
warrants the board in establishing a colored school. Where there are not
enough Negroes in a district to have a school of their own, presumably,
they go to the colored schools in neighboring districts.
Public-domain text, read in full here on John Shaqi.
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