The Carson daily appeal. [volume] (Carson City, Nev.) 1865-1870, 1870-06-07
ATTORNEY GENERAL CLARKE CRITI'
CISED.

Cxo6U.
Some days since a written opinion BY
Attorney General Clarke on the ques-
ton of admitting colored children to the
public schools of this State appeared IN
tae White Pine News. 1t was written IN
reply 10 a communication addressed to
him by Mr.. B. II. Hereford, a Democrat
of Hamilton. TWAS long and We did
not read it, but the editor Of the White
Pine News did, and he finds therefrom
that in General CIarke's opinion colored
children are excluded from our public
schools. The editor of the Eiko indie
penden, has also read this voluminous
opinion and be sees fit to criticise it.
He goes on to comment as follows
The official opinion of Attorney General
Clarke. of this State, as to the eiiglollity OF
colored children to admission into the public
schools, has been delivered. 1t Is curiosI-
IL, legally and logically. As gymnas'ic
performance, however, it is better success
/. is a sort of see-saw arrangement, on
which the miserable African is alternately
pitched heavenward and as suddenly dipped
below the horizontal, without any rights
white man is bound to respect. At the ful-
c.um General Clarke maintains his equili- |
br;um to the lest of his athletic skill. Up
posing fears and interests contend for the as |
cea6aocy. He is a striking illustration OF men |
al distraction, resulting from desire TO |
maintain the laws of Nevada which declare |
that negroes, Mongolians and Indians shaa
-, ,tbo
=. the same time to maintain the Fourteenth
which as emphatically declares
that " no State shall make, nor enforce, any
law which shall abridge the privileges or I'M
11uuities of citizens Of the United States.
Duty to the laws of the State, which he OIL
cialiy swore TO maintain, at one moment car
Ties him away over the extreme State Rights
ground of the s,rictest Democracy, and then
. blast from the Constitutional Amendments
suddenly reminds him of the periis OF poll
teal recreancy, and tina. side of the argument
comes to the surface. So the poor fellow is
driven dis.rac,edIy through a wilderness Of
..-ee or four columns of solid matter, trying
20 tnd way out of the woods, and make a
decision which would not offend anybody.
Like distinguished officialin another sphere,
..He wisyisd in and wi--iei out,
And left the people in DOUBT
Whether tie chap who made the track
Was gong S1ush, or coming biick
70 avoid this calamity, General Clarke has
AGED himself in a singular position. He
decides that the negro child cannot attend
re public schools. To sustain his argument, {
Jy which he arrives at this conclusion, the ,
1-incipal authority quoted is the celebrated
bred Scott decision. Now, ii there is any ,
aiEg odious to Radical it Is this very bred ,
Scott dee sion. 1t has been repudiated, re-
!ec;ed. spit upon-but Clarke quotes it to
Keep little blacks from their schooling. /:
will not object to the authority. ,
lIt on Republican ears it must crate harshiy.
iarke also falls back upon the State law.
! rat is another good old fashioned authority ,
the best in the world TO one who believes
= the rights of the States to manage their
N domestic in stitu,ions after their own in
,linations. But State Rights, like the bred /;
scott decision, aye among the things that
we're and are not. Both State Rights and the |
bred Scott decision are excellent authorities r
% convince any Democrat that General
s.arke is correct in deciding that black chill
lren should be kept out of the common
chools; but those authorities are likely to y
.e equally effcacious in convincing every c
!. IdicAl that he is wrong.
This is rather pungent than otherwise: :
ut we must confess We like it. Doubt c
ess the Attorney General is quite az
az he can be 10 holding the :
pinion that he does and re are not at t
II surprised that be has expressed him. |
eff in the manner indicated. We have
ere. considered him at all s'sound" on I
ne SO called ''nigger question" We a
re aware that he wrough. with all his I
bility TO commit the Republican party
: this county, IN advance, against the :
Doctrines which are established iu the
,fseenth Amendment; and that 10 or
.r 20 DO 50, lie took what We regard as
Ktreme State Right grounds. Moreover,
-.l,le we will not assert Is as positive
act within our own knowledge. We
sse reason for believing that be oppos-
I the ratification OF the Fifteenth =
nendment by the Legislature Of this =
ate. The suspicion may be an unjust Il
&C, bu: we believe, further, that Mr. C
.arke is decidedly averse 10 such meas !.
res OF legislation as would give to the =
o.ored people full and equal rights be d
ire the law We regard this opinion II
: ais ms reflex o. his prejudices, quite
; fully as it Is the result of his inves-
CATIONS and conclusions. 1t may be a
Z. I. .ha, we have confessed onrSelf in