The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1870-06-23


torial parlance is styled the luxury o
an additional enormous tax to supper
separate schools if the whites prefer then
that way-it will interest the public who's
peace and prosperity are involved in thi
threatened outrage to know the decision
of the Supreme Court of Massachusetts
in the matter of keeping the races separ
ate. 1t is contained in the subjoined ex
tracts from an opinion and judgment pro
nounced by Chief Justice Shaw in 1915
in the case of Roberts Us. the City o.
Boston-all the Judges coneurring. By
this decision, it will be seen that even il
Massachusetts,, the home of Phillips and
Sumner; and the hot-bed of abolition
and amalgamation, it was deemed unsafe
to the civilization of communities to ig
more distinctions of race in the establish
ment of public schools; and the Court
held that the ''rights to which individ
''uals are entitled, considering the variety
''of circumstances by which they are sur
rounded in society must depend on Ialc
''adapted to their respective relations anc
conditions" Hence the judges concur
red in the opinion that separate schools
for negroes and whites are essential to the
well-being of both races, and that regu
lations founded upon the color of the
skin, violated no rights, and should b.
maintained and enforced.
Said Chief Justice Shaw:
1.-THE plaintiff. a colored child of five years
of age, has commenced this action by hel
father and next friend, against the city o.
Boston, upon the statute of 1916. which pro-
vides, that any child unlawfully excluded
from public school instruction, in this COM
monwealth. shall recover damages therefor
in an action against the city or town, by
which such public school instruction is sup
ported. The question therefore is. whether
upon the facts agreed, the plaintiff has been
unlawiully excluded from such instruction
By the agreed statement of facts, it APP
pears that the defendants support class OF
schools called primary schools, to the num-
Der of about one hundred and sixty, de-
signed for the instruction of children OF
both sexes, who are between the ages oil
four and seven years. Two of these schools
are appropriated by the primary school
committee having charge of that class oil
schools, to the exclusive instruction Of cOlOred
children and the residue to the ecctuSjce in
structiOn of achite children.
The plaintiff, by her father, took proper
measures to obtain admission into one OF
these schools, appropriated to ,oAite children,
but pursuant to the regulations Of the committee
and IN conformity tbeTelCith abe IodS not admit
ted. Either of the schools appropriated to
colored children was open to her. the near
est of which was about a fifth of a mile, or
seventy rods more distant from her fathers
house than the nearest primary school 1t
further appears, by the facts agreed, that the
committee having charge of that class oil
schools had, short time previously to the
PLAINTIFFS application, adopted a resolution
upon report of committee, that in the
opinion of that Board, the continuance OF
the separate schools for cOlored children, and
the regular attendance Of all such children upon
the schools is not only legal and just, but is best
adopted TO promote the instruction Of that class
Of the population.
The plaintiff had access to a school, set
apart for cOlored children, as well conduct
ed in all respects, and as well fitted, in point
of capacity and qualification of the instruc-
tors, to advance the education of children
under seven years old as the other primary
schools; the objection is that the schools
thus open to the plaintiff ere exclusively APP
prOpriated to colOred children, and are ut a
greater distance from her home. Under
these circumstances, has the plaintiff been
struction? Under the best consideration we
have been able to give the subject, the Court
are all of opinion that she has not.
1t will be considered that this is question
of power, or of the legal authority of the
committee intrusted by the city with this
department of public instruction, because.
if theyhave the legal authority, the expedi-
ency of exercising it in any particular way
is exclusively with them.
The great principle advanced by the learn
ed and eloquent advocate OF the plaintiff is,
that by the constitution and laws of MaSSa-
chusetts. all persons, without distinction of
age or sex, birth or color, origin or condi-
ton, are equal before the law. This. as a
broad general principle, such rs ought to
appear in a declaration of rights, is perfect
ly sound it is not only expressed in terms,
but pervades and animates the whole spirit
of our Constitution of free government
But, when the great principle comes to be
applied to the actual and various conditions
of persons in society, it will not warrant the
assertion. that men and women are legally
clothed with the same civil and political
powers, and that children and adults are
legally to have the same functions and TO be
subject to the same treatment; but only that
the rights of all. as they are settled and reg
ulated by law, are equally entitled TO the
fraternal consideration and protection of the
law, Tor their Maintenance anu SECURITY -
What those rights are, to which individuals,
in the infinite variety of circumstances by
which they are surrounded in society, are
entitled, must depend on laws adapted to
their respective relations and conditions.
Conceding. therefore, in the fullest man
ner that colOred persons. the descendants of
Africans are entitled by law, in this Com
to equal rights, constitutional
and political civil and social, the question
then arises, whether the regulation, which
provides separate schools tor colored chill
dren, Is a violation of any of these rights.
Legal rights must after all. depend upon
the provisions of law; certainly all those
rights of individuals which can be asserted
and maintained in any judicial tribunal
The proper province of a declaration of
rights and constitution of government, after
its form, regulating its organiza-
ton aud the distribution of its powers, is to
declare great principles and fundamental
truths, to influence and direct the Judgment
and conscience of legisla ors in making laws
rather than TO limit and control them, by
directing what precise laws they shall make.
1t is urged, that this maintenance of sep
arate schools tends to deepen and perpetu-
ate the odious distinction of caste, founded
in a deep-rooted prejudice in public opinion.
This prejudice. IL it exists, is not created by
law. and probably cannot be changed by
law. Whether this distinction and preju-
dice existing in the opinion and feelings of
the community, would not be as effectually
fostered by compelling cOlored and white
children to associate together in the same
schools, may well be doubted; at all events,
It ia fair and proper question for the COM
mittee to consider and decide upon, having
in view the best interests of both classes OF
under their superintendent,
and we cannot say that their decision upon
it is not founded on just grounds of reason
and experience and In the results of dis
and honest judgment.
- -I,.I<. h. - ,sr.fn IN
that upon the facts stated, the action cannot
be maintained"
Five learned judges of Massachusetts, here
unite in expressing the opinion that separ-
ate schools for black and white children are
best for both races. They refused to say
that it was unlawful TO exclude a colored
child from one of the public schools. although
the laws of the State admitted no distinction