“Turned Away from School,” Anti-Slavery Almanac, Boston, 1839.

“Turned Away from School,” Anti-Slavery Almanac, Boston, 1839. Similar to the black child in this image, Sarah Roberts was rejected from an all-white school in Boston in 1848.

On February 15, 1848, Sarah Roberts, a five-year-old African American girl, attempted to enter an all-white grammar school near her home. A white teacher rejected Sarah, based on the color of her skin. Sarah’s father, Benjamin F. Roberts, tried to enroll his daughter in four different schools attended by whites. All were close to their home while the schools designated for black children were located over a half mile away—a long walk for a young child, especially during the bitterly cold, snowy month.

Robert Morris, Esq. may have been the first black male lawyer to file a lawsuit in the U.S. He was also the first black lawyer to win a lawsuit

Robert Morris, Esq., was admitted into the Massachusetts bar in 1847. Two years later, he co-defended Sarah Roberts’ right to attend a public school closer to her home than the schools designated for blacks.

The General School Committee, the group responsible for administering the city’s public schools, rejected each request that Sarah attend a white school. That December, Benjamin Roberts sued the city for damages, on grounds that his daughter was unlawfully denied admission to a public school. Robert Morris, one of the first black lawyers in the US, worked with abolitionist lawyer and politician, Charles Sumner, to represent Sarah in Roberts v. City of Boston. The two argued that Massachusetts law guaranteed equal education regardless of race and that requiring black children to attend separate schools was unconstitutional.

Equality Before the Law: Unconstitutionality of Separate Colored Schools in Massachusetts

Read the full text of Sumner’s, “Equality Before the Law: Unconstitutionality of Separate Colored Schools in Massachusetts,” 1849 (above) courtesy of the Internet Archive.

Despite their impassioned arguments, Chief Justice Lemuel Shaw found in favor of the city. Defending the actions of the General School Committee, Shaw ruled that a segregated school system did not violate the principle of equality before the law. His decision laid a foundation for the federal doctrine, “separate but equal,” that held that racial segregation did not violate the Fourteenth Amendment.

Five years after the Roberts’ decision, the state of Massachusetts made it illegal to segregate the city’s public schools according to race. Despite that decision, city schools remained heavily segregated through the twentieth century. “Back To Square One: Racial Imbalance in the Boston Public Schools,” an online exhibit designed and curated by Connor Anderson (Archives, 2017), highlights Boston’s long history of de facto segregation in public schools and the role the School Committee played in supported de facto segregation. In this type of system, blacks and whites were separated due to facts or circumstance. But, as the School Committee pointed out to critics, racial separation was not created or imposed by law.

Protest Flier from a resident of Springfield, Massachusetts, to Louise Day Hicks, circa 1974.

Protest Flier from a resident of Springfield, Massachusetts, to Louise Day Hicks, circa 1974. Courtesy Boston City Archives.

Using a sampling of correspondence, reports, and images from Boston City Archives and Northeastern University Archives & Special Collections, he traces divided opinions surrounding the efforts to achieve racial balance in public schools in the 1960s.  Anderson illustrates how reactions to the Racial Imbalance Act split the city.

Boston Neighborhoods,” an exhibit created by Vini Maranan (General History, 2016) and Paul Fuller (Public History, 2015), explores the unique cultures, communities, and stereotypes surrounding six of Boston’s twelve neighborhoods. In the 1960s and 1970s, economic fluctuations, settlement patterns, and urban renewal programs in Boston reinforced ethnic associations and strengthened a separation of races in many working-class neighborhoods. The de facto segregation of neighborhoods affected the makeup of schools which had become heavily segregated. Maranan and Fuller’s exhibit uses letters and interviews of ordinary citizens to document conditions in schools by neighborhood. Their exhibit also traces neighborhood reactions to Judge W. Arthur Garrity’s ruling that de facto segregation was discriminatory. It examines a sampling of neighborhood reactions to the 1974 order that students be bused away from local schools to achieve a better integration of white and black students.

Learn more about about the implementation of “Phase I” to desegregate Boston Public Schools by busing students away from neighborhoods in the next post.