The Southern Case for School SegregationKilpatrick, James Jackson
History
The Southern Case for School Segregation
Kilpatrick, James Jackson
African Americans -- Segregation; Segregation -- Southern States
One of the most frequently quoted court cases of this period arose in
New York in 1883 (_People, ex. rel. King_ v. _Gallagher_, 93 N. Y.
438). It involved a mandamus petition brought by a twelve-year-old
Negro girl in Brooklyn to compel a local school principal, Gallagher,
to admit her to his school despite a State law of 1864 permitting
Brooklyn to maintain racially separate schools. Her suit was based
squarely upon the Fourteenth Amendment. The Court of Appeals of New
York wrote a long and serious opinion in dismissing her petition
as groundless. The history of the amendment, said the court, “is
familiar to all.” (The statement bears special emphasis: One of
New York’s Senators at the time of the court’s opinion was Roscoe
Conkling, a leading lawyer and abolitionist who had been tendered
the office of Chief Justice. New York’s two Senators at the time
the amendment was submitted in 1866, Harris and Morgan, both had
supported the resolution. When the court said the history of the
Fourteenth was “familiar to all,” it doubtless had in mind the
opinions and interpretations of the State’s own Senators.) In the
view of the court, the object of the amendment was to secure for the
Negro people civil rights equal to those enjoyed by white persons.
But the Negroes were not to have any greater or more extensive
civil rights than others. As citizens of the United States, their
“privileges and immunities” were to be identically protected. As
citizens of the individual States, they were to have whatever equal
State rights might be defined in those States--and the privilege
of receiving an education at the expense of the State, being
created and conferred solely by the law of the State and subject to
its discretionary regulation, was a privilege plainly within the
regulation of the State. So far as “privileges and immunities” were
concerned, the plaintiff had nothing to complain about. But the court
went on to add some thoughtful comments on the general subject of
equal protection, and these merit a careful reading.
Public-domain text, read in full here on John Shaqi.
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