Race Distinctions in American LawStephenson, Gilbert Thomas
History
Race Distinctions in American Law
Stephenson, Gilbert Thomas
African Americans -- Politics and government; Law -- United States -- History; United States -- Race relations
In Ohio, prior to 1848, no provision was made for the public education
of colored children, and the property of colored persons was not taxed
for school purposes. In fact, a law[349] of February 10, 1829, expressly
excluded black and mulattoes from the public schools. In 1834, the child
of a man three-quarters white and of a white woman was denied admission
to a public school. In a case[350] arising out of it, the court held
that a child with more than one-half white blood is entitled to the
privilege of the whites, saying: “We think the term white as used in the
law describes _blood_ and not _complexion_.... The plaintiff’s children,
therefore, are white within the meaning of the law, though the
defendants have had the shabby meanness to ask from him his contribution
of tax, and exclude his children from the benefit of the school he
helped to support.”
In 1848, a law[351] of the same State provided for the levy of a tax
upon the property of colored persons for the support of colored schools,
if the objection was made to the admission of colored children into
white schools. It prohibited the application of any part of the tax paid
by white persons to the support of colored schools unless the whites
assented thereto. A law having so many options was objectionable and was
repealed within a year. The next year, 1849, a statute[352] was enacted
with regard to the education of colored children, but this appropriated
to the colored schools only the funds arising from taxes paid by colored
persons. The year before the white patron of a school had brought an
action against the directors because they erroneously admitted colored
children to the school, thus contriving, he said, “to deprive him of the
benefit” of sending his children to the school. The court[353] ruled
that the directors were not liable because they did not act with corrupt
motives, but had simply misjudged 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.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account