Charles Sumner: his complete works, volume 03 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 03 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
Among the regulations of the Primary School Committee is one to this
effect. "Scholars to go to the school nearest their residences.
Applicants for admission to our schools (with the exception and
provision referred to in the preceding rule) are especially entitled to
enter the schools nearest to their places of residence." The exception
here is "of those for whom special provision has been made" in separate
schools,--that is, colored children.
In this rule--without the unfortunate exception--is part of the beauty
so conspicuous in our Common Schools. It is the boast of England, that,
through the multitude of courts, justice is brought to every man's
door. It may also be the boast of our Common Schools, that, through the
multitude of schools, education in Boston is brought to every _white_
man's door. But it is not brought to every _black_ man's door. He is
obliged to go for it, to travel for it, to walk for it,--often a great
distance. The facts in the present case are not so strong as those of
other cases within my knowledge. But here the little child, only five
years old, is compelled, if attending the nearest African School, to go
a distance of two thousand one hundred feet from her home, while the
nearest Primary School is only nine hundred feet, and, in doing this,
she passes by no less than five different Primary Schools, forming part
of our Common Schools, and open to white children, all of which are
closed to her. Surely this is not _Equality before the Law_.
Such a fact is sufficient to determine this case. If it be met by the
suggestion, that the inconvenience is trivial, and such as the law
will not notice, I reply, that it is precisely such as to reveal an
existing inequality, and therefore the law cannot fail to notice it.
There is a maxim of the illustrious civilian, Dumoulin, a great jurist
of France, which teaches that even a trivial fact may give occasion to
an important application of the law: "_Modica enim circumstantia facti
inducit magnam juris diversitatem._" Also from the best examples of
our history we learn that the insignificance of a fact cannot obscure
the grandeur of the principle at stake. It was a paltry tax on tea,
laid by a Parliament where they were not represented, that aroused
our fathers to the struggles of the Revolution. They did not feel the
inconvenience of the tax, but they felt its oppression. They went to
war for a principle. Let it not be said, then, that in the present case
the inconvenience is too slight to justify the appeal I make in behalf
of colored children for _Equality before the Law_.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account