The Southern Case for School SegregationKilpatrick, James Jackson
History
The Southern Case for School Segregation
Kilpatrick, James Jackson
African Americans -- Segregation; Segregation -- Southern States
During January and February 1866, while the committee was at work
in executive sessions, the House and Senate completed action on the
First Supplemental Freedmen’s Bureau Bill. The act is important in
tracing the meaning of the Fourteenth Amendment, for it explicitly
defined the principal civil rights and immunities that were to be
under constant discussion in the Congress for the next several
months. This law guaranteed to the newly freed Negroes in the
Southern States “the right to make and enforce contracts, to sue, be
parties, and give evidence; to inherit, purchase, lease, sell, hold
and convey real and personal property; and to have full and equal
benefit of all laws and proceedings for the security of person and
estate.”
The Freedmen’s Bill applied, by its own terms, only to the late
Confederacy. Simultaneously, a legislative effort was launched to
secure these same civil rights in the country as a whole. On February
2, after bitter debate on its constitutionality, what was to become
the Civil Rights Act of 1866 passed the Senate. It went to the
House, and in early March was favorably reported by the Judiciary
Committee. During floor debate on March 13, Congressman Wilson of
Iowa, chairman of the committee in charge of the bill, addressed
himself to the bill’s opening provision, declaring that “there shall
be no discrimination in the civil rights or immunities among the
inhabitants of any State or Territory of the United States on account
of race, color, or previous condition of slavery.” This part of the
bill, Wilson said, “will probably excite more opposition than any
other.” He undertook to allay apprehensions:
What do these terms mean? Do they mean that in all things civil,
social, political, all citizens, without distinction of race or
color, shall be equal? By no means can they be so construed....
_Nor do they mean that ... their children shall attend the same
schools. These are not civil rights or immunities._ [Emphasis
added.]
The Civil Rights Bill passed the House by 111-38 on March 13; it was
vetoed on March 27, and passed over the veto on April 9.
These dates are important. Late in February 1866, the Stevens
Committee had brought into the House one draft of a proposed
Fourteenth Amendment. It had been debated, and then sent back for
more work. On April 21, a new draft came before the committee.
On April 25, amendments were approved in committee that put the
amendment in the form in which it finally was to become part of the
Constitution. These changes wrote into Section 1 new prohibitions
upon the powers of the States: “No State shall make or enforce any
law which shall abridge the privileges or immunities of citizens of
the United States; nor shall any State deprive any person of life,
liberty, or property, without due process of law; nor deny to any
person within its jurisdiction the equal protection of the law.”
Public-domain text, read in full here on John Shaqi.
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