The Democratic press. [volume] (Ravenna, O. [Ohio]) 1868-1901, 1873-03-06
From the CINCINNATI Enquirer.
The Colored Aspirant for Edu-
cation Again.

Frcm the Cincinnati Enquirer
The Col0red Aspirant for Edu-
cation Again.
Those who perused the Eneaire,'
Yesterday observed that The Trustees
and teachers OF school District No. 10
in Pierce township, CIermont County,
Ohio, have been brought. on a crimi-
nal process. before the United States
Commissioner in this city. The
mighty offense charged against them
is that they did not permit three ne
gro children TO attend the Public
School over which they had control,
but excluded them from il. LII such
an act calls for damages TO the parent
or for punishment 10 the Trustees 4hd
teachers, why should it not be sought
in the Court of the county, and from
a Jury of the vicinity, 10 whom all the
facts may be known? Why should
there be arrests, and the parties drawn
from considerable distance 10 an
swer before another than Il local trl-
bunai? Ii the Trustees of School
District No. 10, in Pierce Township,
had been guilty OF the murder of The
father of the negro children IN ques-
-tion. they would have been entitled
held its sessions in their county. Is
it not strange, aud does IL not show
how grievously laws are now admin
istered, that they should be brought
before a Federal Court? Who ever
heard before of the United States
Courts taking petty local jurisdic-
ton, in which there was a contest be-
tween citizens of the same State and
locality? 1t is provided in the Con-
stitution, Article ILL, section l, that
judicial power shall not extend to
contests between citizens of the same
State. In this case they are not only
of the same State aud county, but of
the same township. The Fourteenth
Amendment to the Constitution, un-
der which this action is brought, sim
ply SAYS that +" no State shall make or
lenfore any law which shall abridge
the privileges or immunities of citi-
zens of the United States; nor shall
any State deprive any person of life,
liberty and property without due pre-
cess OF law, nor deny to any person
within its Jurisdiction the equal pro-
| lection of the laws" 1t is also added
that !" Congress shall have power to
enforce, by appropriate legislation,
The latter is altogether superfiuous,
| Congress, of course, has the legisla-
| tive power to enforce any part of the
| Constitution without any express pro-
visions to that effect. But neverthe-
less, Congress has gone on, apparently
under the Civil Rights Bill,and passed
an act of very stringent penalties in
regard to trace, color. and previous
condition of servitude," applying it to
all conditions of life. There is moth
ing in the Constitution nor any or its
! IAmendments,the Fourteenth incinded
which gives to the United States
/. Courts or their Commissioners, any
/ power over controversies between cit
/ izens of the same State, and we are
confident it will so be held by the
higher tribunals.
! In the mean time can there be any
better, evidence of the wretched man
ner in which we are governed than
that such questions should be allowed
10 go before the United States Court !!
/ Think OF the thousands of school dis
1 tricts in the United States IN which
such cases may arise, and the very
1 few Courts which eau take cognizance
l;of theIn--only two in Ohio, one in In
diana, etc. The idea which lies at
/ the bottom is that the people are not
| TO be trusted. Hence the removal of
the whole question before judges ap-
! pointed for life, and jurys selected
| from half q State at the discretion of
4 the United States Marshal. The bring
ing of this case shows the iniquity of
this Congressional folly in a stronger
light than could be urged by any pos
/ sible argument made beforehand.
/ In n,regard to allowing negro chill
Ldren in the common schools, there
should be some discretion leIt with
1.-The Trustees. If the feelings of the
people and taxpayers in the district
1 are such that the admission of such
/ children would break up the school
/ by inducing the whites to keep their
children athome, would they be JUS
tilted in forcing the blacks upon a
majority of their constituents, upon a
mere theory which woul be attended
1 with much practical harm? Under
the laws OF Ohio, ii there are twenty
Negro children in district, there is to
4 be separate school for them estab-
i lished, whichsthe plaintiff in this mat
ter, claims isipot the case. But his
point would lie under the Fourteenth
j Amendment just as well as if there
were twenty children under the stat
ute. Ii the Amendment covers one
j case, it covers both, and we hold that
it covers neither.