Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1860-01-14
THE SUPREME COURT AND THE SCHOOL
.ssf.' QUESTION.

1dk cuPREME COURT AND II SCHOOL
QUESTION.
We place upon record the decision of the Su.
prcme Court Of Ohio, in relation to the education
al privileges of the colored children of the State.
We are unable to see how the Court could other
wise decide, if governed by law rather than by
principles OF equity. 1t answers very we'll for
men to talk about the Higher Law in their politi;
cal speeches when there is hope of securing the
election of a candidate by 60 doing The phrase
Is somewhat popular among a certain class of vo-
ters, and does very well to round a period, or give
a graceful finish to a party appeal. But to sup
pose that the Higher Law is recognised as Of any
validity by any court when it is opposed to stat
ute Law. indicates a degree Of infatuation we are
unable to comprehend, when we remember that
the history Of the Judiciary presents an almost
tunbroken array Of testimony to the contrary.
Neither Judge Swan, in the Oberlin case, nor
Judge Gholson in the Van Camp case, paid any at
tention to the behests of the Higher Law, but
simply enquircd what statute law commanded !;
and his was their sole duty as Judges.
The Court in the case of Van Camp, while lay.
ing down the law and stating the facts, might,
without any infraction of dignity, or any viola
lion Of judicial etiquette. have put forth a some
what more christian opinion, and instead of apol-
,ogising for, and in fact justifying educational inc
quality, have expressed a desire that a different
state Of things might prevail.
N3 The facts, or some Of them, as set forth in the
decision are these tia. the taxes levied upon the
property OF colored persons, are to be used for
the education of colored children and the taxes
levied upon the property of whites, to be used for
the education of white children. The law which
prescribes this, the Court says in not one of ca
chlsion, but of classification. Read the decision,
and see how artistically the harshhess of 'exclu-
sion" is blended with the softer tInts Of 'classifca-
tion.' 1t is almost equal to the calling of slavery
ian impairment"
To be sure, the law, though one of classification
only, does, somehow or other operate as one Of ex-
~cluston. In fact the court says,
ut is true that where the number of colored
youth is too small to Justify the Organization or
tho continuance of a school for colored youth,
such school must be temporarily delayed or sus.
pended but this is no more than might occur
with the other class under cimilar c%ircumstan-
ces." ....
Bearing in mind that colored children arc rather
sparseiy distributed, it is no wonder that the
schools for such are temporarily delayed or sus-
pended. But then, as the Court innocently sug-
gests. this might also occur in the case of the
white children. Very true. And the sky might
full but the present probability is rather the 9th
CT way.
Whether the law be one Of classification or ex-
clusion, it is utterly unjustifaLle and an:i-chris-
siaD. Though We urge no objection to c~lassifca-
ton in schools or elsewhere when in accordance
with principles of justice and Of right, we DO most
earnestly protest against that wicked and atheis-
tic pr 1scription-or to put a finer point upon it,
classification which is based upon the color of
the skin. And we care not how or where it man
ifests itself, i, is alike hateful ard despicable. We
loathe with all our soul that spirit which builds
Jim Crow cars and negro pews ; which establish
es comolexional schools, and draws a line in buri-
al grounds between the colored and white depart
ment ; and which, if it held the power, would es
tablish for the dark complexioned ransomed ones
a negro quarter n the New Jerusale IN.
The Court speaks of the natural rapugnance of
the white race to communion and fellowship with
shem. 1.-THE colored people.p A natural rcpug-
nance, VIC suppose, does not depend upon educa-
tlon for its birth, or altogether upon its surround
ings for it's development. Now it is a we'll cstab-
hsneu iact, tnat III infancy anu IN early cnllunOod,
this natural repugnance is strangely absent nor
can 1t be found in those countries in which the
colored man is treated as an equal man. Those
,rhom zoe injule zoe hate. There lies the philosophy
of which is born this natural repugnance, as the
Supreme Court of Ohio calls it, but which is, in
fact, q wicked educational prescription. No one
who has been fully ~baptised into the spirit Of
Christianity, which ignores all casts, and plants
itself upon the universal brotherhood of man, will
aid in deepening or Strengthening this complex
ional prejudice, which is the food upon which
slavery thrises and lives. Destroy it and that &C
cursed institution falls. Destroy it, and colored
men will no more be kidnapped from Ohio than are
white men. Destroy it, and your Legislative rec
ord, will never be again defaced by Black Laws.
Destroy it, and you convert your officials into de.
cent men, and approximate yourselves toward
equal and exact justice.