Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1874-11-29
HEMPnIS APPEAL
SUNDAY MORNING, NOV. 20, 1879.
ruxrD scnooLs IN INDIANA.

nNlAElA HNhA0SAea -
No fact has been more conclusively
demonstrated than the opposition OF the
white people OF America to mixed
schools. This antsgOnism is not con-
fined to the south. The white people Of
All sections are nearly a unit in oppOs-
ing ami denounciDg 3 measure which
they believe will result in injury 20 both
races. The supreme court Of Indiana,
on Wednesday last, decided that color
ed children can't attend the schools set
apart for white children. The Chicago
Times contains an elaborate report Of
the decision Of the supreme. court, and
AS it has great bearing on question Of
some importance We make brief sy-
nopsis. The grandchildren of the ap-
pellee, Garter. s cOlored man, present
ed themselves for admission to school,
and were denied, which denial was
upheld by the other appellants.
Carter appeared 10 the superior court,
which held that the children, were enti-
tied to admission into school, unless sep
arafe provision were made for them. This
decision was based upon the common
school law OF the State, as affected by
the fourteenth amendment to the cOnsti-
tuition Of the United States. The court
says that it is plain that, by the supple
mental act Of May Is, 1863, the legisla-
ture has provided for the education Of
white and colored children Of the State
in separate schools, and the question
presented FOR decision is, whether such
legislation is IN conflict with the consti-
tuition of the State OF the United States.
After considering a. length the rules to
oe followed in placing construction upon
the constitutional provisions quoted
above, the court says further: In our
opinion the privileges and immunities
secured by section twenty-three, article
one, Of the constitution Of Indiana were
not intended for persons Of the African |
race, FOR the section expressly limits the
enjoyment Of such privileges. and immu-
mites to citizens, and at that time negroes /
wereneither citizens Of the United States /
nor Of this State. II was held by this /
court, in Sears Uersus Board Of Commits
sionefs Of Wayne cOunty-S6 Ind, 267-
the privilege and immunities secured /
by the above-quoted section were in
tended for citizens Of this State" Upon
the question whether 1.-THE fourteenth
amendment has worked sny change in
the construction Of the constitutional
provisions Of the State, the court says:
What was then intended to be ex-
pressed in the case Of the State JerSUs
Gibson. was that the fourteenth amend
ment had not delegated to the Federal
government power. and control Of the
domestic institutions Of the State. The
views then expressed have been, in all
constitutional respects, sustained by the
highest Judicial tribunal in the country,
and the one especially charged with the
construction snd Interpretation Of the
Federal constitution. By the solemn
decision Of that high court, the privi-
ieges and immUnities belonging TO ciu-
zens OF the State, s. such, rest
for their security and protection
where they have heretofore rested,
with the Stsles themselves" In con-
clusion, the court says: 1--WE are very
clearly Of the opiEion that the act Of
May Is, 1859, is constitutional, and that,
while it remains in force, cOlOred
children are not entitled to admission ,
into the common schools which are pro- /
yided for the education Of white I
children. In our opinion the court be- q
low erred in affirming the action Of the +
court in special term, and judgment is @
reversed with costs, and the case is re- d
msnded 10 the court below, with dires- a
lions to that court to override the judy 8
ment Of the court ia special term, we a
overriding the demurrer 10 the petition o
for mandate Major J. w. Gordon, at q
torney for appellee, excepted to the O
opinion and judgment Of the supreme a
court, and announced his intention to il
appeal 70 the supreme court Of the {,
United States; first, however, asking n
the supreme court Of Indiana to grant il
him hearing in the case. The deci- n
sion has created much comment in o
indianapolis, and raised considerable Il
excitement among the colored peo- v
pie They affirm that they will fight r
il TO the bitter end. Major Gordon, their a
attorney, one Of the best in the State, is u
quite as determined, The fear OF mixed C
schools has ceased 10 alarm the people. a
In the face OF overwhelming opposition v
to the civil rights bill, congress, at its k
next session, cannot have the hardibOOd Is
to pass that ubiquitous measure. The fiat a!
mas gone forth that there shall be no So Il
cial equality at hotels, places Of amuse- il
ment, and certainly no mixed schools. tC
The belief among the white people is Q,
now almost universal that God created W
the two races separate aud distinct, and NJ
that no congressional legislation can CT
change His DEGREES. But opposition to Oh
mixed schools does not imply opposition of
to educating the negro. We speak the az
sentiments OF the southern white people in
when we assert that they are the advO- in
Gates Of the Intellectual advancement of na
the colored race, anxious 10 give TO them Re,
every advantage that may enable them de
to improve themselves and mount to the ba
highest standard Of perfection. In eff
this the white man has nothing 70
10 lose and everything to gain. 80,
The colored people, when ed a
lcated, as they should be, viii make WI
letter citizens and better ISboTers. II
They will learn 10 look upon civiliza- an
ion as something more than the re- tor
.traint Of the vicious and punishment of sec
he criminal. The rewards and pleas ,,,.
Tres that spring from the order and hsr- t.
nony Of society will be new incentives tol
70 progress. Instead Of falling into all l.,
Kinds OF excuses, aud filling our jsils N,
md penitentisries with convicts, they g.
will struggle 70 gain place and a name -,
With the good, honest and industrious p,
,itizens, to become useful members of -
he communities in which they live.
The money that will be expended in -.
heir education will be well spent. The -
property which will be taxed for the
iurpose will be made, 10 the extent
Il the taxes paid, that much - -
more valuable, and the advantages that
viii be reaped from their improved -
abor viii be the source Of additional -
lr0fit.n There will also be the -
ime and expense OF attending courts, a. -;
witnesses and jurors, in the trial Of negro
saved. Property and persons ~.
,-flF E.4t,- -, I'm 49,