Wednesday, June 29, 2022

The Southern Manifesto, Massive Resistance and the Mansfield school desegregation incident

- Southern Manifesto

The Declaration of Constitutional Principles (known informally as the Southern Manifesto) was a document written in February and March 1956, during the 84th United States Congress, in opposition to racial integration of public places.[1] The manifesto was signed by 19 US Senators and 82 Representatives from the South. The signatories included the entire Congressional delegations from Alabama, Arkansas, Georgia, Louisiana, Mississippi, South Carolina, and Virginia, most of the members from Florida and North Carolina, and several members from Tennessee and Texas. All of them were from former Confederate states.[1] Ninety-nine were Democrats; two were Republicans.

The Manifesto was drafted to counter the landmark Supreme Court 1954 ruling Brown v. Board of Education, which determined that segregation of public schools was unconstitutional. School segregation laws were some of the most enduring and best-known of the Jim Crow laws that characterized the Southern United States at the time.[2]

"Massive resistance" to federal court orders requiring school integration was already being practiced across the South, and was not caused by the Manifesto. Senator J. William Fulbright of Arkansas had worked behind the scenes to tone down the original harsh draft. The final version did not pledge to nullify the Brown decision nor did it support extralegal resistance to desegregation. Instead, it was mostly a states' rights attack against the judicial branch for overstepping its role.[3]

The Southern Manifesto accused the Supreme Court of "clear abuse of judicial power" and promised to use "all lawful means to bring about a reversal of this decision which is contrary to the Constitution and to prevent the use of force in its implementation."[4] It suggested that the Tenth Amendment should limit the reach of the Supreme Court on such issues.[5] Senators led the opposition, with Strom Thurmond writing the initial draft and Richard Russell the final version.

- - Click here for the text.

- Massive Resistance:

Massive resistance was a strategy declared by U.S. Senator Harry F. Byrd Sr. of Virginia and his brother-in-law James M. Thomson, who represented Alexandria in the Virginia General Assembly,[1] to get the state's white politicians to pass laws and policies to prevent public school desegregation, particularly after the Brown v. Board of Education Supreme Court decision in 1954.[2] Many schools, and even an entire school system, were shut down in 1958 and 1959 in attempts to block integration, before both the Virginia Supreme Court and a special three-judge panel of Federal District judges from the Eastern District of Virginia, sitting at Norfolk, declared those policies unconstitutional.

Although most of the laws created to implement massive resistance were overturned by state and federal courts within a year, some aspects of the campaign against integrated public schools continued in Virginia for many more years.

Mansfield school desegregation incident.

In 1955, the Mansfield Independent School District was segregated and still sent its black children to separate, run down facilities, despite the Brown v. Board of Education court decision in 1954. Three students brought a suit with the National Association for the Advancement of Colored People. In Jackson v. Rawdon, the U.S. Fifth Circuit Court of Appeals ruled in favor of the students. In 1956, Mansfield ISD became the first school district in the state ordered by a federal court to desegregate. The school board approved the measure and allowed Mansfield High School to desegregate. Although other districts in Texas desegregated quietly that fall, the mayor and police chief of Mansfield did not approve of this measure. When school started on August 30, 1956, they joined over 300 whites in front of Mansfield High School. Their goal was to prevent the enrollment of the three black students. The town turned into complete turmoil as three black effigies were hanged as part of the demonstration.[1]

Texas Governor Allan Shivers was a noted segregationist and used the power of his office to resist implementation of Brown v. Board of Education. Shivers dispatched Texas Rangers to prevent integration, led by Captain Jay Banks, who, in addition to threatening to arrest Black students, refused to take down an effigy of a Black man hanging by a noose at the entrance of Mansfield High School.[2] Shivers then authorized the Mansfield Independent School District to send its Black students to Fort Worth, Texas. By doing this the school district had effectively ignored a federal court order for integration.[1]

After the transfer of the Black students to Fort Worth, the demonstrations soon ended and order was restored. It was this success that in 1957 inspired Arkansas Governor Orval Faubus to attempt a similar ordeal in Little Rock, Arkansas. Later that year, Texas passed more segregation laws that delayed integration even further.

Facing the lack of federal funds, the Mansfield Independent School District quietly desegregated in 1965.[1] The decade long defiance of a federal school integration order was one of the longest in the nation during that period.