North of Slavery by Leon F. Litwack
Author:Leon F. Litwack
Language: eng
Format: epub
Publisher: University of Chicago Press
The city's attorney declined to discuss the merits of segregation but confined his argument largely to a legal defense of the powers of the Primary School Committee.88 Chief Justice Shaw, delivering a unanimous decision, upheld the Committee's power to enforce segregation. Since Boston provided for the instruction of Negro children, it had discharged its duty. As for the contention that separate schools perpetuated caste distinctions, Shaw replied that the law had not created and could not alter the deep-rooted prejudice which sanctioned segregation. The importance of the decision transcended the local struggle for integration. Shaw's legal defense of segregated schools on the basis of the "separate but equal" doctrine established a controversial precedent in American law.89
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