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
As early as 1878 a statute of Mississippi[387] provided that schools
should be arranged in each county so as to afford ample free school
facilities for all educable youths in the county, prohibiting the
teaching of white and colored pupils in the same school-house, and the
Constitution[388] of 1890 reiterated this requirement of separation. The
county school boards are given power to locate one or more schools for
Indians in counties where there are enough Indians to form a
school.[389]
Missouri seems not to have lost an opportunity to express its belief in
separate schools for the races. The Constitution[390] of 1865 made that
requirement, adding that the school fund must be appropriated in
proportion to the number of children without regard to color. Such
separation is required by the laws of 1865,[391] of 1868,[392] of
1869,[393] by the Constitution of 1875,[394] and by a law of 1889,[395]
which last made it unlawful for colored children to attend a white
school, or white children, a colored school.
The Constitution of North Carolina[396] of 1875 declares that “the
children of the white and the children of the colored shall be taught in
separate public schools, but there shall be no discrimination made in
favor of, or to the prejudice of either race.” According to the
statute[397] of 1901, a child descended from a Negro to the third
generation inclusive should not attend a white school. This was
amended[398] in 1903 to the effect that no child with Negro blood in his
veins, “however remote the strain,” shall attend a school for the white
race. The present statute[399] also provides that the descendants of
Croatan Indians now living in Robeson and Richmond counties shall have
separate schools for their children. It will be remembered that it is
the Croatan Indians who are prohibited from intermarrying with Negroes.
Public-domain text, read in full here on John Shaqi.
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