The Southern Case for School SegregationKilpatrick, James Jackson
History
The Southern Case for School Segregation
Kilpatrick, James Jackson
African Americans -- Segregation; Segregation -- Southern States
To complete the record of school decisions directly in point, prior
to the Supreme Court’s opinion of 1896 in _Plessy_ v. _Ferguson_,
one final case should be mentioned. This was _Lehew_ v. _Brummell_
(15 S.W. 765), decided by the Supreme Court of Missouri in March
1891. Both the Missouri Constitution and a State act of 1887 then
required racially separate schools. Five Negro children of Grundy
County attacked the requirement as violative of both the “privileges
and immunities” and “equal protection” provisions of the Fourteenth
Amendment. The Missouri court rejected both contentions. “The right
of children to attend the public schools, and of parents to send
their children to them, is not a privilege or immunity belonging
to a citizen of the United States as such. It is a right created
by the State, and a right belonging to citizens of the State as
such.” On the second point, separation of pupils by race was not an
unreasonable or arbitrary classification, for
color carries with it natural race peculiarities, which furnish
the reason for the classification. There are differences in races,
and between individuals of the same race, not created by human
laws, some of which can never be eradicated. These differences
create different social relations, recognized by all well-ordered
governments. If we cast aside chimerical theories and look to
practical results, it seems to us it must be conceded that separate
schools for colored children is a regulation to their great
advantage.... The fact that the two races are separated for the
purpose of receiving instruction deprives neither of any rights. It
is a reasonable regulation of the exercise of the right.
Mention of the _Lehew_ case in Missouri brings this chronology
of judicial pronouncements on racially separate schools to the
Supreme Court’s famous statement in _Plessy_. With that landmark in
sight, the citizen seeking to learn what the framers intended the
Fourteenth Amendment to accomplish should pause to read two other
monumental Supreme Court opinions--the _Slaughter-House Cases_ of
1873 (16 Wallace 36) and the _Civil Rights Cases_ of 1883 (109 U.
S. 3). They do not deal directly with a State’s power to operate
racially separate public schools, but they do speak eloquently of the
whole meaning of the Reconstruction amendments as that meaning was
understood by those closest to it.
Public-domain text, read in full here on John Shaqi.
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