The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1869-11-08

But leaving out oil view for the present
Mr.. Bowen aud his co-trustees Of colored
schools, whose claim before the court, which
was rejected, accorded with the claim above
set forth BY Mr.. Crocker, there Il yet more
authority worthy Of citation.
Mr.. Zalmon Richards, the present super
intendent OF public schools, embodied his
views in the form Of bill, (see journal,
folio 313,) from which the following Is OK.
tracted, viz;
"Be u enacted, &C., That, inssmuoh as the act
Grs0Gp to ave to every , eoiored cSa ~ SusS
Is clear Rs Hrici coniiruciioa Of de iaw does not
used for white schools, there be, and is hereby,
Appropriated the sum OF tl8,s0t.6o being the
amount necessary to meet the difference aris-
Ing from the strict construction ofthe law and
"And BE- Il enacted, That, until otherwise al.
rected by the laws Of Congress, whenever any
Of school purposes ia this city one SS oy sn eS
sums shall be set apart by the Mayor to the
credit of the trustees Of eolored schools, and
be subject to their order"
Now, In view of this superauity of Repub-
llcan authority, nothing can be said as TO
the import and understanding of the law Of
Congress. The question at issue In this mu
nicipality was whether twenty or twenty-five
per centum were the just dues of the colored
school trustees. On this question the Re-
publicans themselves were divided, (for some
Of them could not disregard the letter Of the
law.) and the Judgment OF the court, made
In the report Of Its auditor, was In favor Of
twenty per centum. It was on appeal from
this Judgment that Judge Cartier Zone Judge
In four, expressed his opinion In favor Of the
"oue fourth" principle OF apportlonment,
(twenty.nv per centum;) and In Difference
to this opinion, (not Judgment as we'll as
10 the exercise of spirit Of liberalty, the
appropriation of last year was made on the
basis of twenty-five per centum, the utmost
that was claimed by the Board Of Trustees
Of Colorcd Schools or any OF their supporters.
And now what do we sect Encouraged by
the concession of the last year, the peculiar
friends Of colored education, at the expense
of the fund provided for children of the
white race, make the extraordinary demand
contained In the bill before US. This new
claim rests upon a pretended census, taken
In November, 1867, by the department OF
education, with the aid OF the Freedmen's
Bureau and the police Of this city. This
claim was presented to the Board on two or
three occasions during the last Council, and
was always rejected. It Is now renewed.
The pretended census was taken In con-
sequence OF the passage Of an act by Con-
gress, approved March 10, lSb7, In the fol-
lowing words:
"Resolred BY The Senate and House Of Repre-.
,enidtipcs Of tie United States in Congress dssem.
Died, Thatthe Commissioner Of Education be
directed to ascertain the number Of children
In the Disirici Of Columbia over the age OF sir
years and under the age OF eighteen years; the
number OF said children that are blind, and
the number that are deaf and dumb; the mum.
Der and character OF public sohool.houses,
number OF teaohers, and the number OF pupils
in attendance; number and character OF school
Libraries, eharsster OF tsxtboPk I, used. average
cost OF tuition, with Incidental expenses OF
said sehoolsi and report the same to Congress
opinion OF the relative efficiency OF the sys-
TEN now In force In said District pheihsr any
additional iegiSldiioH IL TsccIsdry in order to
secure the advantages Of said system to all OF
said children"
1t will be seen that this art possesses none
Of the characteristics applicable to the TAX
ing of a Census" A census Is an enumer-
alton of the populaton-all Of the inhab-
itants OF n city, State, or nation, taken by
legal authority. The act above cited directs
an officer Of the General Government 10
make, not an enumeration Of the popula-
ton, but Of the children OF certain ages, not
In the city OF Washington, but In the Dis
trict of Columbia, and to obtain certain other
information in reference to the physical in
frmitics Of said children, and also In regard
to the textbooks used In our public schools,
and the efficiency of our school system, that
Congress might determine whether any adj
ditiondl legislation was necessary to secu re
the advantages OF the said system to all
children. This, substantially, Is the enact
ment. The word Census" does not occur
In the act. Nor does the act make any ap-
preparation for taking the enumeration Of
children which 1t directs to be made. Under
these circumstances, the commissioner of
education appealed to the corporation for an
| appropriation to enable him to perform the
| duty thus imposed upon him. 1t was repre-
sented that the words Of Congress, "addi-
tional legislation" implied its intention to
make amends for its former neglect In not
providing for education 10 this District, as II
had uniformly done for the Territories and
new States. The corporation reposed conf
dence In these representations, and passed
the following act, approved August 0, 1867 {:
"ReIolpcd. That the Mayor be, and he Is here
by, authorized to cooperate with the Commits.
sioner of Eiucstio In obtaining full and re-
liable census Of The children Of The city between
| the ages OF six and sixteen years; and, to en-.
able the Mayor to carry out the purpose OF
this resolution, the sum OF one thousand dol.
lars be, and the same Is hereby, appropriated
out Of the general fund and placed to his
credit"
II will here be seen that neither the act of
Congress nor the act Of the corporation pro-
vlded for or authorized the taking OF a seen
sus." The corporation has no power to au-
thorize n census. Such an act would exceed
|
| that power; and that the corporation did not
intend to usurp the power, Is evident from
the terms of Its resolution, the import Of
which Is made the more manifest from the
fact, that although the resolution, as intro
duced by an officer Of the freedman's bureau,
and as subsequently reported 70 the commit
tee to whom 1t was referred, proposed to pro-
vide for the taking Of q full and reliable cen.
suS Of the population Of this city," the word
tn,N
Chat Is without a diylsion,) and the words
"children from six to sixteen years old" In.
serted. (See Journal of Flfty-sixth Council
page 96.) Without this amendment the res
olution could not have been passed.
These facts, verified by the Journals and
laws of Congress, as well as by those OF the
corporation, sustain the assertion that there
has been no new census upon which the cor.
poratlon can base legal apportionment OF
the school money required to be paid under
the acts OF 1864 and 1866. Those acts refer
to the national census, enJoned by the Con
stitution to be taken decennially-every ten
years-and no act of Congress apportloning
representation or taxation In this District
can have reference to any other than this
particular census, to which 1t specifically re-
fers In the act directing the apportio nmeni
Of school money. Congress never cont EN-
plated that the commissioner of education
|
police, or any other organization, should as
sumo the prerogatlve, from time to time, o.
taking, or pretending to take, u special cen
sus, to subserve personal or partisan pur
!, poses, upon which taxation OF this commu
g nifty was to be regulated. This Is Il powc
vested in Congress by the Constitution
i which 1t has never relinquished or conferrc
i upon any other body.
The report made by the Committee O.
! Public Schools In support of this bill doe
not pretend that the law requires the appor
tlonment therein proposed. 1t attempts /
Justify this appropriation on tho principle O
Justice and equity" rather than the injunC
= ton of the law. 1t speaks of the unau
thOriZed enumeration of 1867 as the "las
+ reported census" Where is there any de
= tailed official report Of this enumeration
= None has been made to the corporation an
none to Congress. 1t exists only In tn
r Imagination of certain class of politician,
i The "last reported census" is the census @
n 1860, and on that census alone can a Jus
I apportoument be made. The very object @
Congress in directing Its officer to obtai
I, certain statistical Information relative to
, portion OF the children of the District wa
to determine whether any additional i,giSlC
49, m