In conformity with these sections is the peculiar phraseology of the memorable Colonial law of 1647, founding Common Schools, "to the end that learning may not be buried in the graves of our forefathers." This law obliged townships having fifty householders to "forthwith appoint one within their towns to teach _all such children as shall resort to him_ to write and read."[27] Here again there is no discrimination among the children. _All_ are to be taught. [27] Charters and General Laws of the Colony and Province of Massachusetts Bay, p. 186. On this legislation the Common Schools of Massachusetts have been reared. The section of the Revised Statutes,[28] and the statute of 1838,[29] appropriating small sums, in the nature of a contribution, from the School Fund, for the support of Common Schools among the Indians, do not interfere with this system. These have the anomalous character of all the legislation concerning the Indians. It does not appear, however, that separate schools are established by law among the Indians, nor that the Indians are in any way excluded from the Common Schools in their neighborhood. [28] Chap. 23, sec. 68. [29] Chap. 154. I conclude, on this head, that there is but one Public School in Massachusetts. This is the Common School, equally free to all the inhabitants. There is nothing establishing an exclusive or separate school for any particular class, rich or poor, Catholic or Protestant, white or black. In the eye of the law there is but _one class_, where all interests, opinions, conditions, and colors commingle in harmony,--excluding none, therefore comprehending all. * * * * * EQUALITY UNDER JUDICIAL DECISIONS. The Courts of Massachusetts, in harmony with the Constitution and the Laws, have never recognized any discrimination founded on race or color, in the administration of the Common Schools, but have constantly declared the equal rights of all the inhabitants. There are only a few decisions bearing on this subject, but they breathe one spirit. The sentiment of Equality animates them all. In the case of _The Commonwealth_ v. _Dedham_, (16 Mass. R., 146,) while declaring the equal rights of all the inhabitants, in both Grammar and District Schools, the Court said:--