The Southern Case for School SegregationKilpatrick, James Jackson
History
The Southern Case for School Segregation
Kilpatrick, James Jackson
African Americans -- Segregation; Segregation -- Southern States
The situation in Louisiana was more chaotic still. The Louisiana
legislature unanimously rejected the amendment in February 1867.
Reconstruction followed. A constitutional convention was created,
composed of forty-nine Negroes and forty-nine Carpetbaggers and
Scalawags; it wrote a provision into the Louisiana Constitution that
“all children ... shall be admitted to the public schools in common,
without distinction of race, color, or previous condition. There
shall be no separate schools or institutions of learning established
exclusively for any race by the State of Louisiana.” But this
language in a coerced State Constitution was ignored by the people.
In 1870, the Superintendent of Public Instruction was to complain
that the constitutional provision “excites a determined opposition
on the part of many who would otherwise cooperate in the opening of
schools and in the raising of funds for their support.” As the years
passed, Louisiana established a system of racially separate public
schools, in accordance with the demonstrable understanding of the
Fourteenth Amendment elsewhere in the Union, and a freely chosen
constitutional convention in 1898 made segregation mandatory.
Florida and Louisiana have been here singled out, because
the confused record in the two States offers the best
opportunity--indeed, the only opportunity--for a case to be made
that _any_ of the States ever understood or contemplated that the
Fourteenth Amendment might in any fashion serve to prohibit the
operation of racially separate schools. If evidence cannot be adduced
here, it cannot be adduced anywhere. And this poor, scanty record of
actions taken under duress--and later repudiated under freedom--is
the best that hard-laboring historians can produce.
What of the other States? In twenty-three other States, positive
evidence is available that neither the State conventions nor the
State legislatures at any time ever understood or contemplated that
the Fourteenth Amendment prohibited them from establishing racially
separate schools.
Look at the record, _first in terms of States outside the South_:
_California_ took no action on the Fourteenth Amendment, but it
established racially separate schools by statute in 1870, two years
after the amendment had been ratified.
_Delaware_ refused to ratify the amendment, and made no provision
for Negro education of any sort until 1881. Then separate Negro
schools were established, and Delaware’s constitution of 1897
made segregation mandatory. How can it be contended that Delaware
understood the Fourteenth Amendment to prohibit separate schools?
Public-domain text, read in full here on John Shaqi.
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