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GOVERNMENT BY JUDICIARY
—FOURTEENTH AMENDMENT, §1
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39. Donald, Sumner II 156–157. An Illinois Radical, John F. Farnsworth, said,“ ‘Negro equality’ is the everlasting skeleton which frightens some people.” Globe 204. William E. Niblack of Indiana reminded the Congress that in 1851 Indiana ratified a Constitution that excluded Negroes from the State by a vote of 109,976 to 21,084. Globe 3212.
“A belief in racial equality,” said W. R. Brock, “was an abolitionist invention”; “to the majority of men in the midnineteenth century it seemed to be condemned both by experience and by science.” “Even abolitionists,” he states, “were anxious to disclaim any intention of forcing social contacts between the races.” Brock, An American Crisis: Congress and Reconstruction 285, 286 (1963). See infra, Derrick Bell, Chapter 10 at note 6. Racism, Phillip Paludan states, was “as pervasive during Reconstruction as after. Americans clung firmly to a belief in the basic inferiority of the Negro race, a belief supported by the preponderance of nineteenth-century scientific evidence.” Phillip S. Paludan, A Covenant with Death 54 (1975). See also Keller, supra note 37. Many Republican newspapers in the North opposed “equality with the Negroes.” Flack 41. See also Keller, id. 51, 58, 65.
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