Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1872-04-13

, Of Education says that illitcrac'
and dishonesty go together; and i
you are to believe the reports com
ing up from the courts Of Tennes
SEQ, aud from this district, ignor
anco is producing It's legitimate re
suits thore.
| am informcd--and if AIN in
correctly informed the gentleman
from Tennessee (Mr. ButIcr) cal
correct mc-that he himself WAS /;
mem ber ofthe rebel Legislature o.
Tennessee in 1861, and that he vot
cd to transfer the assets Of the Bank
of Tennessee TO the State Of Gcor
gia, there being at that time in th,
vaults of that bank $500, 600 Of the
school fund Of that State. The reb
els had that fund for four years
and then S650.000 Of it was return
ed to the State of Tenn cssee. And
the gentleman (Mr. Butlcr) and
his party in less than two years did
what the rebels, under the most
trying circumstances. did not do
squandered the balance.
Mr.. Speaker, contend that this
Eill does force mixed schools
upon the South. The bill says the
schools must be free. Should any
State establish ono set of schools for
the whites aud another for the
blacks, the radicals Of the country
will denounce it as violating the
fourteenth amendment, which pro
vides in its first section that "no
State shall make Or enforce any
law which abridgo the privileges
or immunities Of citizens of the
United States" And the construc-
tion which this House placed upon
this clause in tho debate on the ku
Klux bill, justities my assertion.
In less than y year it will have to
encounter Mr.. Summers supple
mentary civil rights bill, now pend
ing in the Senate. which will pro-
hlbit the separation of the races,
ethor in the railroad cars, churches,
theatres, or schools. 1t provides;
SEc.-That all citizens of the United
States, without distinction Of race, color or
previous condition of servitude, are enti-
tied to the equal and impartial enjoyment
of any acc omm odation, advantage, facility
or privilege furnished by common carriers,
whether on land or water; by inn keep
ers; by licensed owners, managers, or
lesses of thenters or other places OF public
amusements; by trustees, COMMISSIONERS
superintendents, teachers, or other officers
Of common schools and other public insti.
tutions of learning, the same being sup
ported by moneys derived from general
taxation or authorized hy law by trustees
or officers of church organization, ceme-
tc,y associations, aud benevolent inslitu-
tons incorporated by national or State au'
thority and this right shall not be denied
or abridged on any preiens, Of race, on
previous condition Of servitud
SIC. That any person violnIng the
foregoing provision, or aiding in its viola
tion, or inciting thereto, shall, for every
such offence, forfeit and pay the sum of
| $500 to The person aggrieved thereby, to
| be recovered in an action on the case,
with full costs and such allowance for
counsel fees MS the court shall deem just,
and shall also for every such oilense be
deemed guilty OF u misdenennOr, and, up
on conviction thereof, shall be fined not
| less than $50 nor mOle than Sl,OOO, and
shall be imprisoned not less than thirty
! days nor more than one year; aud any
corporation "a association or individual hold
| ing a charter or license under national or
| State authority violating The aforesaid pro-
| vision shall, upon conviction thereof for
felt such charter or license, Hndany person
assuming to usc or contieung TO act un-
der such charter or license thus forfeited,
or aiding in the same, or melting thereto,
shall, upon conviction thereof be deemed
guilty of misdcmcanor, and shall be fined
! not less than 81 900 nor more than 81 600
and shall be imprisoned not less than three
nor more than seven years, and both the
corporate and joint. property of such cor
poration or associatioa shall be held Iiahle,
( for The forfeitures, fines, and penalties in-
CURED by any violation Of The first sec
ton of this act.
SEC. -. That every law, statute, ordi-
nance, regulation, or custom, whether ma.
tional or State, Inconsistent with this net,
or making any Determinations against auy
person on account of color, by the use Of
the word"white' be repealed and n: ell.
Mr., Sumner, in his debate on this
bill on the 10th day ofJanuary last,
says separation implies one thing
for white man and another thing
for colorcd person; Il substitute
is not equality. Here are his
precise words:
"Then comes the other excuse, which
finds equality in separation. Separate ho-
tells, separate convcyances, separate thea
ters separate schools, separate iustitu-
ticns of learning and science, separate
churches, and separate cemeterics-these
are the artificial substitutes for equality +;
and this is the contrivanee by which n
transcendent right, involving a transc,n
dent duty, is evGdsd for equality is not
only right but duty.
''ilow vain 10 argue that there is no de-
nial of equal rights when this separation
is enforced The substitute is invariably
an inferior article. Does any Senator de-
ny it2 Therefore, il is not equality. At
best it il an equivalent only; but no
equivalent is equality. Separation i'm
plies one thing for white person and an
other thing for colored person but
equality is where all have the same alike.
There can be no substitute for equality +;
moth ing but itself. Even If accommoj, y
tions are the same, as no,oriously they are
not. there is no equality. In the process
of substitution the vital elixir exhales and
escapes. Ii is lost and capnot be recover
ed for equality is found ohly in equality
'Nought but itself can be its PARALLEL but
Senators undertake TO fad parallels in
other things.
"The common school falls naturally iu-
to the same category. Like the others it
must be open 10 all or its designation is a
misnomer and mockery. II is not n
school for whites or a school for blacks,
I but a school for all in other words a com
mon school Much is implied in this
term, according 10 which the school har-
monies with the other institutions al
ready mentioned. Ii is an inn where
children rest on the road 10 knowledge IL
is public conveyance where children are
passengers. Il is theater where chill
dren resort for enduring recreation. Lie
the others il assumes TO provide for the
public therefore il must be open to all ;
uor can there be auv exclusion eXcPpt on