TRANSCRIBER’S NOTE Italic text is denoted by _underscores_. Footnote anchors are denoted by [number], and the footnotes have been placed at the end of the book. Some minor changes to the text are noted at the end of the book. _James Jackson Kilpatrick_ THE SOUTHERN CASE FOR SCHOOL SEGREGATION _The Crowell-Collier Press_ First Crowell-Collier Press Edition 1962 Library of Congress Catalog Card Number: 62-17492 Copyright © 1962 by The Crowell-Collier Publishing Company All Rights Reserved Hecho en los E.E.U.U. Printed in the United States of America Contents INTRODUCTION 7 Part I THE EVIDENCE 13 Part II THE LAW 105 Part III PRAYER OF THE PETITIONER 183 APPENDIX 197 Introduction _May it please the court_: When this book was conceived, it was intended to be titled “U.S. v. the South: A Brief for the Defense,” but it seemed a cumbersome title and the finished work is not, of course, a brief for the South in any lawyer’s sense of the word. It is no more than an extended personal essay, presented in this form because the relationship that exists between the rest of the country and the South, in the area of race relations, often has the aspect of an adversary proceeding. We of the South see ourselves on the defensive, and we frequently find ourselves, as lawyers do, responding in terms of the law and the evidence. It is an unpleasant position for the South, which regards itself as very much a part of the American Republic, and it is an uncomfortable position also: We find ourselves defending certain actions and attitudes that to much of the country, and to much of the world, appear indefensible; some times we are unsure just what it is we are defending, or why we are defending it. We would like to think more upon these questions, but in this conflict there seldom seems to be time for thought or for understanding on either side. When one side is crying “bigot!” and the other is yelling “hypocrite!,” an invitation to sit down and reason together is not likely to draw the most cordial response.