The Southern Case for School SegregationKilpatrick, James Jackson
History
The Southern Case for School Segregation
Kilpatrick, James Jackson
African Americans -- Segregation; Segregation -- Southern States
_Illinois_ refused to admit Negroes to any schools at the time of
its ratification of the Fourteenth Amendment. It was not until five
years later that a general school law admitted them to educational
facilities--some segregated, others integrated. Segregated schools
persisted at least until 1884, when the Supreme Court of Illinois
acknowledged the operation of segregated institutions, and ruled them
in violation of a State law that had been passed in the interim. But
no court or legislature in Illinois ever asserted that such schools
were in violation of the Fourteenth Amendment.
_Indiana_ ratified the Fourteenth Amendment in June 1867, following
a message from Governor Morton specifically advocating “the
establishment of separate schools,” because “I could not recommend
that white and colored children be placed together in the same
schools.” And it was not until 1949--eighty-one years after adoption
of the Fourteenth Amendment--that Indiana formally abandoned
segregation in its schools.
_New Jersey_ was another Northern State in which racially separate
schools were continued long after adoption of the Fourteenth
Amendment. It was not until 1881 that the legislature prohibited
their operation, but when this statute was construed three years
later, no mention of any sort was made of the Fourteenth Amendment.
_New York._ What of New York? The State ratified the Fourteenth in
January 1867, and later the same year convened a constitutional
convention at which a ringing declaration was adopted in favor
of civil rights--but there was not a word in this declaration
in support of racially integrated schools. On the contrary,
separate schools were specifically permitted in New York until
1900--thirty-two years after the Fourteenth Amendment became part
of the Constitution. Can it be seriously contended that New York
understood or contemplated that the amendment in and of itself would
abolish school segregation?
To bring these Northern examples to an end, consider Ohio,
Pennsylvania, and West Virginia. _Ohio_ had racially separate schools
at the time it ratified in 1867; such schools specifically were
continued by a statute of 1874, and the system was not discarded by
State law until 1887. _Pennsylvania_ also had a system of segregated
schools at the time of its ratification in 1867; the legislature
continued the system by statute in 1869; the system was not abolished
until 1881. _West Virginia’s_ legislature ratified the Fourteenth
on January 16, 1867. On February 27, precisely six weeks later, the
same legislature adopted a statute providing that “white and colored
persons shall not be taught in the same schools.” What is one to say
of West Virginia’s understanding of the meaning of the Fourteenth
Amendment?
Action of the Southern States was entirely in accord with the
understanding thus demonstrated by their recent enemies in the North.
To summarize these briefly:
Public-domain text, read in full here on John Shaqi.
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