Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1855-03-10
From the Ohio GolumlAu.
MISS NEwHALL's NICE SENSE Or eotoE,

CINclNNArl, Feb. IL, 80,
Your correspondent s. alluded last week 10 tho
attempt OF Miss Mcwhall of the seventh district
to exclude fronths school pupil, in whom there
was supposed to be eng sixteenth portion Of cvlof
ed blood. No one withuds close jl,sar yaton con al
discover that the boy was het entirsly white Ue
had been attending the school fss sevefhl years
and none OF the teachers in the lower tleparmcnts
made any objections to him. But upos Ills being
transferred to Miss Newhall's roonE she trine 4
South Carolinian, Immediately exhibited symptoms
of Colcrnphobia, and sent the boy home. pEe
local trustees, Msssrs. Goodman and Ogden inyes-
tigated the case and Instructed her to receive the
pupil. This she stoutly refused to do until she
was likely 10 lose her place IN the school for con-
tempt of their Authority, when -he consented 10 re-
ceye him under protest, and dpbeal ~ the whols
School Board, consisting of "a members,
At their meeting on last Monday, they had an
exciting discussion on the question. The opinion
of Judge Walker, that the boy had legal right to
the privileges of the school, also the decisions Of
the Supreme Court to that effect, were read. j L.
Miner, Esq a prominent lawyer of this city, was
employed by the parents of the boy to defend his
rights before the Board. The Board denied this
privilege, always allowed to those whose rights
nrc in question, and by vote Of Is to 10, decided
to remove the boy from the school, This lacked
three of being a majority of the whole Board,
though a majority Of those present. Messrs
Goodman and Ogden, the local trustees who had
decided in favor Of tho boy, thereupon resigned
their places in the Board, declaring that they
would not serve in Board that would thus denya n
pupil his legal rights. The case will bc appealed
to the Supreme Court, and the action of the School
Board doubtless reversed. find in the January
number of the Journal of Education decision Of
this question by the State School Commissioner,
Hon. ii. H. Barney which your readers will be in
terested in perusing.
In answer to the question, care children Of less
than half African blood entitled, as a matter of
legal right to the privilege of attending the com.
mon schools of the State" Mr.. Barney says, "To
answer the above question: it is necessary to under
stand the judicial construction of the term rhHe,"
as used In the Constitution of this State.
In the case of Gray v. State Of Ohio, found in
Vol. 4, Ohio Reports, page 954 III is held that per-
sons nearer white than mulatto, or half blood
were entitled to the privileges of whites.
UititdnS W. School Directors, etc. Wright's
Reports, page 578. In this case the question was
whether the children of q trhite mother and =
father three quarters white, are white children
within the meaning of the school law. Affirmative
opinion given.
Thacker v. Howk, ct. al. VOL XI. Ohio Reports,
page 376. In this case it held that a person
nearer white than q muatto. is ,chite person
within the meaning of the Constitution.
Lane V. Baker, et. al Vol. II, Ohio Reports,
page 237. Held that youth of Negro, Indian,
and White blood but of more than half white
blood, are entitled to the benefit Of the school
fund.
According to the decisions in the cases cited, an
affirmative must be given to the question pro.
pounded