National Republican., 1881-08-27
A Real Case for the Law Department.

A Real Case for the Law Department.
In 1869 the Legislature OF Tennessee
endowed the University of Tennessee.
located at Knoxville, with the proceeds of
the agricultural scrip given to that State,
as well as others, for the purpose of erect
ing and endowing agricultural colleges,
Congress, in making these donations, ex-
pressly provided that no person should
be excluded from becoming pupils of
these colleges because of race, color, or
previous condition. Tennessee accepted
this money with the conditions attached,
and erected university at Knoxville
that has been of vast benefit to the white
youth of the State alone, for until re-
Gently, for some reason, the colored youth
of the State have not availcd themselves
of the advantages Of the institution. Re
Gently, however, colored cadets have been
appointed by members of the Legislature,
who are by law authorized TO appoint so
many cadets for each district. The ap-
plications of these colored cadets raised
storm in the board of trustees,
who are about all Bourbons of the
most anti-progressive type. But what
could they do? If they did not permit
the colored boys to attend the college
they would forfeit the grant by Congress,
for it was upon the express condition that
if colored students were excluded because
they were colored the money should re-
vert to Congress. Judge Baxter offered
at a meeting of the board II preamble and
resolution TO the effect that such cadets
should be received the same us other STU
dents, but that the board would provide
separate buildings and other facilities for
them, so that they would not come in
contact with the white students. The
following was offered by Colonel j. w.
Cant us Il substitute;
Whereas, recognizing as the trustees of the Uni
versiy of Tennessee to the fullest extent the obli
cations imposed us by law to provide for the in
struction and accommodation of cOlored cadets,
when entitled to admission TO the university; and
also recognizing the obligation md duty of max.
ing such instruction and accommodation In all
respects equal to that furnished to white cadets,
and yet separate and apart; and frankly confess
ing our utter inability, for want Of time and adc.
quatc means, 20 provide two sets Of buildings, np.
paratus, Libraries, and equipments, and Il double
corps of instructors, as probably contemplated by
lne act Ol lue Legislatures anu DclCNlnB tlUt any
evasion of the law by the mere pretense of II com.
piance would be triGng with the public, and
that temporary arrangement with some other
school Is the best thing we can now do Tor coOrcd
cadets and would temporarily justly meet the re
qurements of the law until the question can he
submitted to the Legislature for its action in the
premises, by which II is hoped permauemtproyison
may be made for the colored race and
Whereas this is the first time that application he
hapu mnlp u this I'niyprAitN the admission ~
COlOred cadets;
ReS0uod, That we hereby instruct the finance
committee to make an arrangement with the trus-
tees and faculty Of Fisk University, Nashville, for
instruction for such colOred students as may be
appointed under the law by senators and repre-
Eentatyes as may be able to pass the requisite cx-
animation prescribed by the faculty ofthe UnIycr.
sity of Tennessee.
ResoirCd, Second, that we appropriate money to
pay the tuition fees Of such COlored students iu
Fisk University,
Judge Baxter offered the following adj
ditional resolution MS an amendment:
BE Il dr,lor rcsolrcd, That il any colorcd perso,
who shall apply for admission into the Univeri!
and found qualified and entitled TO It's privilege
shall decline TO be transferred TO another msliu
ton as proposed above, aud insist on his lega
right to admission into and instruction by thi
University, he will Ge received and instructed pur
Buant 10 law
The resolution offered by Colonel Gan
was adopted, and the amendment Offered
by Judge Baxter voted down.
We submit that this is a clear violation
of the terms upon which this aid wa
given to the State of Tennessee, and that
npursuance ofthe plain provisions of tn
law, the money should revert to tn
Treasury Of the United States, The right
guaranteed to the colored people Of Ten
nessee have been substantially subyerte,
by this action of the board of trustees
and tlis action is permitted to pass IN
challenged the object Of Congress in NAL;
ing the donation will be defeated, III
Department of Justice should take cogni
zance Of this deliberate attempt to nullif
the plain letter Of the law and to dcirau
a large number Of our felow-citizens {
the rights conferred upon them and thei
children. If no action is taken before,
will be fit subject ior congressional in
quiry,
WILLIAM GREENwAY, the son-in-law G
General Mcdonald of the whisky ring has bee
arrested In Milwaukee for burglarzIng a Ealoo