The national era. [volume] (Washington [D.C.]) 1847-1860, 1850-01-10
THE NATIONAL ERA.
WASHINGTON, JANUARY 7, 1850
CiSTE IN MASSACHUSETTS

.1.gpuyni Of Chqrles Simmer, Esq 0g0'"H i1e { or
sfi,miOnaliy of S,yaras COlOred Schools, IN th'
Case of RoJedS VS. he City Of Boston, bf0Tz me
Supreme Court Of Massachusetts.
II is. we believe, universally admitted that the
existence of caste in Tindostan and other Pagan
countries is one of the greatest obstacles in the
way of the success of the Gospel Vet 1t has
often happened, even in our New England
churches, while the returned missionary was
drawing tears from the eyes and money from the
pockets of his auditors, by dwelling upon the evil
and cruelty of caste in the East, that some half
score of black faces, peering down upon him from
the negro pew in the gallery, have offered their
dumb but expressive comment upon benevolence
which, increasing in exact ratio with the distance
of its object, spurns the black man from the CON-
mon affairs of home, and weeps over the Pariah
and Soodra of India. Bad as the absurd institu-
ton of Indian caste unquestonably is, in one i'm
portant particular it has the advantage of our
Christian and republican prejudice against color.
The able DR.. Bots tells us that in the presence of
the representative OF the great Brahm or Gre
ator. the otherwise memorable distinction is for
gotten, and the high caste Brahmin and the mis-
cradle Soodra kneel side by side. Paganism has
nothing SO irreverent and impious as the Negro
Pew of America.
One of the most satisfactory and gratifying re-
suits of the anti-slavery discussion in this coun-
try is to be seen in the admitted fact, that the
strength of this prejudice of Caste is sensibly d-
minishing in the free States, and that the patr-
clan white class are approaching, slowly indeed,
the point Of Just recognition of the rights, and
a generous reg ,rd for the interests and feelings,
of their colored neighbors. The vulgarity and
meanness involved in the qualification of this mis-
cradle pride of co, ,plexion are beginning to be
regarded as incompa,. BILE with true refinement
and gentlemanly pretensions. In Massachusetts,
there are few communities where colored men are
now liable to insult or indignity Public opinion
here tolerates their withdrawal from an unenva-
bic monopoly of the mental offices Of labor; and
there are colored dentists doctors, and lawyers
and colored justices sitting in judgment, in the
name and authority Of the Commonwealth, upon
white pickpockets and Anglo-Saxon vagabonds
The Governor Of the Commonwealth may be seen
riding on the same seat with black man. engag-
ed in familiar conversation, upon railroads aud
10 stage coaches, where a few years ago the sight
of a black skin would have been the signal for in
diyuaut uproar on the part of the white passen
gers and of violence and abuse on the part of con-
luctcrs and drivers
relic of the old slave laws of the State-the
prohibition of marriage between persons Of differ
snt compilations, rendering the offspring of such
a connection legitimate-continued until within
n few years to give legal sanction and expression
to the cruel and unchrstian prejudice which, in
its numberless forms of persecution and annoy
ance, creates and perpetuates that degradation
which is imputed to the free colored class as
crime, and which furnishes ready excuse for the
slavery of their brethren at the South The
first movements for the repeal Of this law pro-
duced most ridiculous excitement, the intensity
Of which can now scarcely be conceived Of
TODD and beldames in the street
Did prophesy upon it dangerously;
And he that spake did grasp the hearers wrist,
Aud he that hard the while, gave fearful action
With wrnkled brows and mods and rolling eyes"
ttions for repeal were listened to by the Legsla-
ture they would be compelled to marry the hth-
erto prescribed class, willing or unwilling I'm
married gentlemen of a certain age seemed to take
it for granted that they would be beset and perse
cutei by the ladies of color" as the venerabls.
Mr.. Weller in the Pickwick Papers was by the
"widders, and young women of forty,n after the
decease of his helpmate. Ladies in a state of sim
ole blessedness INDUCED in hysterical anticpa-
tons of visitation from gentlemen Of color asfu-
rious and as irresistible as that of the Romans to
the Sabine womcn. But, happily, good sense and
humanity prevailed over the preudces and fears
Of Caste The law was repealed the insulting
distinction was erased from the statute book aud
thus far none of the evils anticipated by its de-
tenders have been realized.
One of the last places Of refuge which the
spirit of Caste still finds in Massachusetts is the
separate schools for colored children which exist
in Boston, and which until recently were to he
found in Salem, Nantucket New Bedford, and
some other large towns. A case is now pending
before the Supreme Court of the State, brought
by a colored child through her nearest relative
against the city Of Boston, for damages on account
of the refusal to receive her into the public
schools The argument of her counsel, CHARLES
SUMNER, Esq which now lies before u.s. establish
es the following propositions
!. That, according to the spirit Of American
institutions, and especially the Constitution Of
Massachusetts, all men, ~iahouS Instruction 81
color or race, are equal before the law. ?. That
the Legislature of Massachusetts,, in harmony
with the Constitution, has made no discrimination
Of color or race in the establis hment Of the pub
lie schools 3. That the Courts have never rec
ognised any such discrimination IN the admins
tration Of public schools 4. That the exclusion
Of colored children from the schools open TO bite
children is to them a source Of practical inconve.
nience and violation Of equality s. That this
separation OF black and white children in the pub
lie schools is in the nature of Caste. And G. That
school committees have no power under the Con.
stitution and laws of Massachusetts, to make such
separation
In support Of these propositions, the argument
seems TO US conclusive. No one can read it with
out being impressed with disability, thoroughness
Compact array of facts and authorities, and un-
broken logical sequence. Beginning with brief
historical review OF the rise and progress of the
hea Of hum N equality, and tracing it down from
The epistles Of Seneca, the Christian Gospels, the
poetry Of Milton, the essays Of Sidney, and the
specuhtions of the Encyclopedias Of France, to its
distinct and practical enunciation and smbodi-
meht in the Declaration Of American Ipdepend-
zee, and the Bill Of Rights Of Msssachus it
az Ids to show the incompatibility Of an odious
ton of color with the foundation prin-
N'PIc oI the s4afe lin ininstice 10 the pxoscried