The Southern Case for School SegregationKilpatrick, James Jackson
History
The Southern Case for School Segregation
Kilpatrick, James Jackson
African Americans -- Segregation; Segregation -- Southern States
[5] For a general study of the development of public education prior
to the Amendment, see Butts and Cremin, A History of Education in
American Culture (1953), Pts. I, II; Cubberley, Public Education in
the United States (1934 ed.), cc. II-XII. School practices current at
the time of the adoption of the Fourteenth Amendment are described in
Butts and Cremin, supra, at 269-275; Cubberley, _supra_, at 288-339,
408-431; Knight, Public Education in the South (1922), cc. VIII, IX.
See also H. Ex. Doc. No. 315, 41st Cong., 2d Sess. (1871). Although
the demand for free public schools followed substantially the same
pattern in both the North and the South, the development in the
South did not begin to gain momentum until about 1850, some twenty
years after that in the North. The reasons for the somewhat slower
development in the South (_e.g._, the rural character of the South
and the different regional attitudes toward state assistance) are
well explained in Cubberley, _supra_, at 408-423. In the country as
a whole, but particularly in the South, the War virtually stopped
all progress in public education. _Id._, at 427-428. The low status
of Negro education in all sections of the country, both before and
immediately after the War, is described in Beale, A History of
Freedom of Teaching in American Schools (1941), 112-132, 175-195.
Compulsory school attendance laws were not generally adopted until
after the ratification of the Fourteenth Amendment, and it was not
until 1918 that such laws were in force in all the states. Cubberley,
_supra_, at 563-565.
[6] _Slaughter-House Cases_, 16 Wall. 36, 67-72 (1873); _Strauder_ v.
_West Virginia_, 100 U. S. 303, 307-308 (1880):
“It ordains that no State shall deprive any person of life, liberty,
or property, without due process of law, or deny to any person within
its jurisdiction the equal protection of the laws. What is this
but declaring that the law in the States shall be the same for the
black as for the white; that all persons, whether colored or white,
shall stand equal before the laws of the States, and, in regard to
the colored race, for whose protection the amendment was primarily
designed, that no discrimination shall be made against them by law
because of their color? The words of the amendment, it is true, are
prohibitory, but they contain a necessary implication of a positive
immunity, or right, most valuable to the colored race,--the right to
exemption from unfriendly legislation against them distinctively as
colored,--exemption from legal discriminations, implying inferiority
in civil society, lessening the security of their enjoyment of the
rights which others enjoy, and discriminations which are steps
towards reducing them to the condition of a subject race.”
See also _Virginia_ v. _Rives_, 100 U. S. 313, 318 (1880); _Ex parte
Virginia_, 100 U. S. 339, 344-345 (1880).
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