The Elko independent. [volume] (Elko, Nev.) 1869-1872, 1870-06-04


maintain, at one moment carries him away
over to the extreme State Rights ground of
the strictest Democracy, and then blast from
the Constitutional amendments suddenly re-
minds him of the perils of political recreancy,
and that side of the argument comes to the
surface. So the poor fellow is driven distract
eddy through wilderness of three or four
columns of solid matter, trying 20 find way
out of the woods, and make u decision which
would not offend anybody. Like distin-
guished official in another sphere,
'He wlggled in, aud g.igsled out
And left the people all ia doubt
Whether the chap who made the track
Was goi South. or coming back
Gen. Clarke was right 10 be cautious in his
deliberations. He was on a ticklish subject
He evidently thought, like Victor Hugo's doc
tor, the devil was set on springs and he might
hit the trigger. This question of the admis-
sion of colored children has been much talked
of-in Eko among other places. Not every
man who has heretofore voted Republican
ticket wants to zee his children sandwiched
between black brigade, nor would they stand
were it attempted. The Attorney General
knows tfis; yet there stand those fatal Consti-
tutional amendments glaring hdeously in his
face; and there is that political party which
elected him Attorney General, and which may
do it again-or may not. Both amendments
and party call upon him and expect him to do
his duty. They have taken the position that
States have no rights that the negro is bound
to respect 1t follows, as logically as the day
TO the night, that no negro is bound to respect
any law Of the State of Nevada which prohib-
its the entrance of his children into the pub
lie schools. Well may General Clarke trem-
bic before the atrocious enormity which those
amendments logically inflict upon the parents
and children of this State. He may well at
tempt to dodge the disastrous indignation
which would assuredly follow him and his
party. if he dare to follow the law, as Con
gress understands it, and as every legal mind
must understand it, which accepts the legali-
ty Of those amendments as settled.
To avoid this calamity, General Clarke has
placed himself in a singular position. He
decides that the negro child cannot attend
the public schools. To sustain the argu-
ment, by which he arrives at this conclusion
the principal authority quoted is the celebrated
bred Scott decision. Now, if there is any
thing odious to n Radical it is this very bred
Scott decision. 1t has been repudiated, re-
jected, spit upon-but Clarke quotes it to
keep little blacks from their schooling.
Democrats will not object to tho authority,
but on Republican ears it must crate harshly.
Clarke also falls back upon the State law
That is another good old-fashioned authority
the best in the world to one who believes in
tha nf Iii,
mestic institutions after their own inclinations
But State Rights, like the bred Scott decs-
ion, are among the things that were and are
not. Both State Rights AMI the bred Scott
decision are excellent authorities to convince
any Democrat that General Clarke is correct
in deciding that black children should be kept
out of the common schools; but those authori.
ties are likely to be equally eflicacous in con-
vincing every Radical that he is wrong.
Attorney General Hamilton, of California,
was booted at when he decided recently that
the State idcs prevented registry agents from
registering negroes. His case was even cited
in the Senate as fragrant attempt to impede
the operation of the Fifteenth Amendment.
II Clarke is not careful, ho will find himself
hanging up on the same nail with Hamilton.
The decision will DO generally satisfactory.
Democrats do not care by what course Of rea-
soning the opinion is formed, and we do not
think any considerable portion of Repub-
cans would care to herd their children in com
mon with the blacks, notwithstanding they
have fatiied nm amendment which practically
leads to that result, and which must shortly
supersede any local law or opinion. The two
amendments have professedly invested Con.
gress with the authority to invade the States
and TO regulate their domestic affairs schools
included. II matters but little what Attorney
General Clarke may decide. Chas. Sumner
has already decided the real practical con-
structIon Of the amendments. Tho bill is
now pending in the Senate. Tho following
single section viii give an idea Of the scent
and eoior Of tho bill;
lie IL enacted by the Senate and House Of
Representatives Of the United States OF
America in Congress assembled:
That all oitizens Of the United States, with. |
out distinction of RAGE, color or previous con.
iition Of scryitndo. nro entitled 10 tho equal |