The Southern Case for School SegregationKilpatrick, James Jackson
History
The Southern Case for School Segregation
Kilpatrick, James Jackson
African Americans -- Segregation; Segregation -- Southern States
Not one iota of evidence can be adduced from the annals of Congress
in 1866 to show that any responsible member of the House or Senate
believed the Fourteenth Amendment in any fashion would affect the
operation of segregated schools in the States. All that Negro counsel
could produce in their reargument on the point in 1953, despite
the desperate labors of Dr. Kelly and his associates, were some
generalities, some sweeping statements of ideals, and other nebulous
expressions on the part of radical abolitionists on the one hand
and apprehensive States’ Righters on the other. It is plain that
the Stevens-Sumner group won from the Thirty-ninth Congress two
compromise instruments, a statute and a constitutional amendment,
both intended to guarantee to the Negro the essential civil rights
spelled out in the Freedmen’s Bill and in the Civil Rights Act--to
sue and be sued, to own and inherit property, and the like. “The
right to go to school,” as Senator Trumbull of Pennsylvania was to
say in 1872 in debating the General Amnesty Act, “is not a civil
right and never was.”
_2. Actions of the State legislatures and constitutional
conventions._ The proposed Fourteenth Amendment to the Constitution
went out to the States on June 18, 1866. Connecticut ratified on June
30, New Hampshire on July 6, Tennessee on July 19. New Jersey and
Oregon, both of whom later were to rescind their actions, ratified
in September. Then came a jolt: On October 27, Texas flatly rejected
the proposed amendment, by a vote of 70 to 5 in the House and 27
to 1 in the Texas Senate. Vermont ratified on October 30, but on
November 1 Georgia rejected by 147-2 and 38-0 in its House and
Senate. Then, in rapid succession, Arkansas, Florida, North Carolina,
and South Carolina spurned the amendment. In January 1867, Virginia,
Mississippi, Kentucky, and Maryland rejected. Early in February,
Delaware and Louisiana turned it down also.
On March 2, 1867, an infuriated Congress enacted over Johnson’s veto
a law that seems incredible by any standpoint of constitutional law.
This “Act to Provide for the More Efficient Government of the Rebel
States” further defined the districts that had been created in the
former Confederacy by earlier Reconstruction acts. Section 5 of the
Act fixed two requirements for readmission of the Southern States to
full standing in the Union. The first condition was that each of the
States adopt a new State Constitution; the second was that, at the
first legislature to be held after adoption of the new Constitution,
each State must ratify the Fourteenth Amendment. Delegates to
the State constitutional conventions were to be chosen by all
male citizens regardless of race, except felons and those who had
participated in the “rebellion.” No Confederate veteran who earlier
had been a member of a State legislature, or held any other office
under the government of a Southern State, could become a candidate
for the new legislatures to be elected.
Public-domain text, read in full here on John Shaqi.
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