The law concerning the establishment of Negro schools was abused here and there throughout the entire period. As late as 1876 the State Superintendent complained198 that in many cases through ignorance of the law and in other cases through willful disobedience of the law, schools for the Negroes had not been established. In the first case, he reported that merely explaining the law had the desired effect and in the other case it was necessary to call the assistance of county clerks and of grand juries.
During this period there was a growing sentiment in favor of public schools. This is shown by the reports which came from the various counties to the State Superintendent's office, and also by the increase in the number of children enumerated and by the increasing number of schools. In 1870,199 the county superintendents reported a great deal of opposition and indifference to the schools especially on the part of the tax-payers. In 1872 a majority of the county superintendents were able to report200 a growing sentiment in favor of public education. They could then say that the enemies of this institution were becoming its friends. The State Superintendent201 reported in 1874 that in the four years of his administration there had been a steady growth in the popularity of the public school system. We can better appreciate the progress made in this period when we remember that prior to the Civil War, the public school in Missouri had been considered a pauper's school. The Constitution202 of 1820 had provided: "One or more schools shall be established in each county township as soon as practicable and necessary where the poor shall be taught gratis." The attendance also showed a healthy growth. In 1870203 there were 280,473 pupils attending 7,547 public schools in the State. There were 389,956 pupils attending these schools in 1872. In 1874 the enumeration showed that there were 708,354 children of school age in the State.
As sentiment in favor of the public school grew, the willingness to enumerate and to provide schools for the Negro children also increased. In 1867 the number of Negro children enumerated was 33,619. This was an increase of 13,709 over the previous year. Fifty-six public schools were provided for these children. In 1869 forty counties reported 12,871 Negro children and 80 schoolhouses which were devoted to their use. The average school term was four and one-third months. In 1871 the enumeration had increased to 37,173, and the number of public schools to 212. These schools had an enrollment of 4,358 pupils. In 1873204 the enumeration had increased to 38,234 and the number of schools to 252.
The work of the public school for the education of the Negro was supplemented by two other classes of schools. In 1867205 the State Superintendent called attention to three classes of schools which were educating the Negroes in the State. In the first place there were those supported by benevolent societies in other States. These schools were generally supplied with white teachers and were doing good work. There were then the private or subscription schools, which were supported by the tuition of the pupils and in many cases these were taught by colored teachers of inferior qualifications. Finally there were the public schools as contemplated by the law. A few such schools had been established in the large towns and cities.
In 1869206 it was estimated that there were in the State 34,000 Negro children of educable age. For their accommodation there were 59 Negro public schools with an average attendance of 2,000. This report also states that the majority of these schools were taught in churches and cabins with walls admirably adapted for ventilation and for admission of copious shower baths of rain. The same year Colonel Seely, Agent for the Freedman's Bureau in Missouri, reported 114 schools for the freedmen. Most of these were public schools and the attendance was 6,240. The ninth census for 1870, reported that 9,080 Negro children were attending school in Missouri. Thus we see that the public schools of this period were greatly aided by mission and private schools.
In 1868 the legislature enacted a law207 which gave the State Superintendent the authority to assume the powers of the school board for establishing and maintaining a school for Negro children when the township, city, or village, neglected to establish and to maintain such a school in accordance with the law. The same year the school law was amended208 so as to require the township, the city or the incorporated village to establish one or more schools for Negro children when there was more than fifteen children in the jurisdiction. A Negro school could be closed for six months when the attendance for any month dropped below ten.
There is evidence to show that the State Superintendent used his power to establish Negro schools when the local authorities neglected this task. In 1873, he reported:209 "I have established between 50 and 60 Negro schools in the State without resorting to the expedient of a tax as indicated and authorized by law." In 1875 he reported: "I have levied taxes for Negro schools in three instances. The medicine is good and effective and I trust it will be administered in every similar case in the State until the Negroes enjoy schools equally good in every way as the white schools." Thus we see that by the Law of 1868 the State Superintendent had the power to remedy conditions as far as the Negroes were concerned but there was no evidence to show that he used this power prior to 1872, although there are reports of violations of the law. In 1874 there was passed a law210 which made a school official subject to a fine of not less than fifty or more than five hundred dollars, for the persistent neglect or refusal to perform any duty or duties pertaining to his office. In view of this and the offensiveness of the results threatened in the civil rights bill,211 the State Superintendent212 was astonished at the number of delinquencies and persistent evasions of the law.
The Commissioner of Education was able to report in 1870: "This State has a larger proportion of schools213 for Negro children than any former slave State. Opposition to the education of the Negroes is rapidly disappearing. Their rapid improvement and good conduct help to disarm prejudice." Among the methods of evading the law the following were reported; the failure to enumerate the Negro children, the complaints of a lack of funds, and the plea of an inability to secure teachers. In 1875 the State Superintendent reported214 that the citizens of Calloway County, the most strongly southern county in the State during the Civil War, were evincing the greatest readiness to provide good schools for their large Negro population. This, he believed, augured well for the future of the Negro schools of the State, since it indicated a growing kindly disposition of the southern element of the State towards them. How great was the change in sentiment can be readily seen by contrasting this report with those of the county superintendent for 1866 and 1867. In 1866 the Superintendent of Calloway reported215 much objection to public schools in that county on account of the impartial application to children of all races and colors. The only Negro school in the county had been established under very discouraging circumstances at Fulton. In many rural districts there were not enough children to permit the establishment of a school and in other districts the existing opposition to Negro schools made their establishment impossible. The next year it was reported216 that the white schools were better fitted for pigs than for children and that there was no interest at all in the education of Negro children.
Another factor which effected the development of the Negro school system was the sparseness of the Negro population. In many districts and even in some counties there were not enough Negro children to form a school. In 1871, reports217 were received from 109 of the 115 counties of the State. Thirty-nine of the 109 counties did not report a single school district with the required number of Negro children to establish a school. The other seventy counties reported 395 school districts having twenty or more Negro children of school age. The same counties also reported 158 schools for these children. In their annual