Prior to 1865 the State had seen fit to prohibit the education180 of the slave because, although the educated slave was the more efficient, yet he was the more dangerous; as his training might aid him to make a better revolt against his position. But the qualities which were objectionable in the slave were necessary to the freed man, if he was to prove other than a menace to the State. His emancipators faced the education of the Negro fairly, and the same convention which had passed the Emancipation Act of 1865, drew up a new State constitution which was ratified the same year. This constitution181 provided for the establishment and the maintenance of free public schools for the instruction of all persons in the State who were between the ages of five and twenty-one. It further provided that all funds for the support of the public schools should be appropriated in proportion to the number of children without regard to color.
The legislature, which met the same year, passed a law182 which required that the township boards of education, and those in charge of the educational affairs in the cities and the incorporated villages of the State should establish and maintain one or more separate schools for the colored children of school age within their respective jurisdictions, provided the number of such children should exceed twenty. Persons over twenty-one were to be admitted to these schools. The same officers who were in charge of the educational interests of the white schools were to control the Negro schools. The length of the term and the other advantages to be enjoyed by these schools were to be the same as those enjoyed by the white schools of the same grade. This law further provided that if the average attendance for any month should drop below twelve the school might be closed for a period not to exceed six months. In districts where there were less than twenty Negro children, the money raised for their education was to be reserved by the boards of education in those districts and to be appropriated as the boards saw fit for the education of the Negro children upon whom the money had been raised. The same legislature183 passed an act authorizing towns, cities, and villages to organize for school purposes with special privileges. This act, however, provided that any town, city or village so incorporated should be required to establish one or more Negro schools according to the law. At this session of the legislature184 there was enacted a law to compel the school authorities in each sub-district to prepare a school census of their respective jurisdictions which should enumerate separately and according to sex the white and the Negro children who were permanently resident within the sub-district. In case the directors failed to perform this duty the township clerk was to have the census taken and to recover from the directors by judicial proceedings the cost of the work.
If we were to judge from the constitutional and the statutory laws of this period, we might conclude that the education of the Negro was very popular and that his needs were well taken care of. But before we can draw any conclusion we must study certain conditions. We must know something of the character of the men who were to enforce the law, of the desire of the Negroes for an education, of popular opinion concerning public education, and of the distribution of the Negro population.
The State Superintendents of this period were well trained men,185 and their reports show that they were faithful in the discharge of their duty. One of these superintendents, John Monteith,186 showed great zeal in the establishment and development of the Negro school system. He was born in the Western Reserve district of Ohio, a section noted for its strong anti-slavery sentiment. He belonged to a family of educators. His father was one of the first presidents of the University of Michigan. Monteith completed his education at Yale and served for a number of years as a minister in St. Louis. Upon becoming State Superintendent, he wrote in favor of Negro education a pamphlet which he sent to each of the county superintendents. His annual reports,187 to which we shall refer later, show the interest and the effort which this man put forth to develop the Negro schools of the State.
The Negroes were not indifferent to the efforts which were put forth in their behalf. There is much evidence to show that they took an active part in the establishment188 and the maintenance of schools for their children. In those districts in which Negro schools were maintained and an honest effort was made to better the conditions of the Negroes, they responded heartily to their opportunities. The following quotations are typical of the reports which the superintendents in those counties were able to make in 1874: "In most of the townships a commendable interest is manifested in the support of Negro schools, which I am happy to report, is appreciated by the Negroes189 themselves. The schools have been well attended with considerable diligence manifested by the pupils." A.A. Neal, Superintendent of Pettis County, reported:190 "The Negro schools are doing better than could be expected under existing circumstances." The Superintendent of Bay County said:191 "The Negro schools have been well attended. The pupils have manifested great enthusiasm, and have made surprising advancement in the rudiments." The Journal of Education192 which was printed in St. Louis, by J.B. Merwin in 1869, states: "It is a well known fact that our Negro population manifests the greatest zeal in taking advantage of every opportunity for acquiring education."
At the beginning of this period, popular opinion concerning free public schools in general and Negro schools in particular was not favorable. The school laws of the State were in advance of the people. These laws193 were the product of a few statesmen who appeared at intervals, and who, in spite of well known social protests, pushed forward with great energy school laws modeled after those of the more progressive eastern States.194 The State Superintendent complained in his report for 1867 that in those counties in which the southern sympathizers predominated, the people were either wholly negligent or bitterly opposed to their public school right. Three classes of opposers were enumerated;195 those who believed that the public schools tended to foster infidelity, those who believed that the State, the county or a municipal body had no right to tax for educational purposes, and those who regarded as unnecessary any education beyond reading, writing, and simple arithmetic. In March of the year 1866, four months after the constitution of 1865 had gone into effect, of the thirty-four Negro schools196 in the State only two were situated in counties in which the southern element predominated. Thus we see that the attitude toward public schools in general was reflected upon the Negro schools.
The school laws themselves, which seem to have been adequate to provide equal school rights for all the children in the State, were easily evaded when the officials of a community were hostile to them. In his first annual report,197 State Superintendent Parker called attention to the following facts: No remedy was provided in case the township board refused to comply with the statutes. There was no remedy in case the local board of directors refused to hire teachers for the school when the requisite number of pupils were in the district. In this manner, he reported, the Negro children in many districts were deprived of an opportunity to attend school. Even where there was no apparent hostility to the statutes and to the education of the Negroes there was a failure to make the requisite enumeration of the Negro children in many townships and consequently many children were by the very law itself deprived of the benefits of the State school fund. He pointed out that in the year 1867 many would thus be deprived, since the law regulating the apportionment of the State school fund, compelled the apportionment to be made on the basis of the enumeration which had already been made, and which in many cases did not include the Negro