"Upon the decease of my wife, it is my will and desire that all the slaves whom I hold in my own right shall receive their freedom. To emancipate them during her life would, though earnestly wished by me, be attended with such insuperable difficulties, on account of their inter-mixture by marriage with the dower negroes, as to excite the most painful sensations, if not disagreeable consequences to the latter, while both descriptions are in the occupancy of the same proprietor; it not being in my power, under the tenure by which the dower negroes are held, to manumit them.... _And I do, moreover, most pointedly and most solemnly enjoin it upon my executors hereafter named, or the survivors of them, to see that this clause respecting slaves, and every part thereof, be religiously fulfilled at the epoch at which it is directed to take place, without evasion, neglect, or delay_, after the crops which may then be on the ground are harvested, particularly as it respects the aged and infirm; seeing that a regular and permanent fund be established for their support, as long as there are subjects requiring it; not trusting to the uncertain provision to be made by individuals."--_Washington's Will, dated July 9, 1790 [1799]_. EQUALITY BEFORE THE LAW: UNCONSTITUTIONALITY OF SEPARATE COLORED SCHOOLS IN MASSACHUSETTS. ARGUMENT BEFORE THE SUPREME COURT OF MASSACHUSETTS, IN THE CASE OF SARAH C. ROBERTS _v._ THE CITY OF BOSTON, DECEMBER 4, 1849. This argument, though addressed to the Supreme Court of Massachusetts, is mainly national and universal in topics, so that it is applicable wherever, especially in our country, any discrimination in educational opportunities is founded on race or color. It is a vindication of Equal Rights in Common Schools. The term "Equality before the Law" was here for the first time introduced into our discussions. It is not found in the Common Law, nor until recently in the English language. It is a translation from the French, whence Mr. Sumner took it. The Supreme Court heard the argument, and in their opinion complimented the advocate; but they did not take the responsibility of annulling the unjust discrimination. After stating the claim of Equality before the Law, Chief-Justice Shaw reduced it to very small proportions, when he said that it meant "only that the rights of all, as they are settled and regulated by law, are equally entitled to the paternal consideration and protection of the law for their maintenance and security."[11] This made it mean nothing; but such was the decision. The _victrix causa_ was not less odious to Mr. Sumner, who never ceased to regret the opportunity lost by the Court of contributing an immortal precedent to the recognition and safeguard of human rights.