SEPARATE SCHOOL NOT AN EQUIVALENT FOR COMMON SCHOOL.

But it is said that the School Committee, in thus classifying the

children, have not violated any principle of Equality, inasmuch as they

provide a school with competent instructors for colored children, where

they have advantages equal to those provided for white children. It is

argued, that, in excluding colored children from Common Schools open to

white children, the Committee furnish an _equivalent_.

Here there are several answers. I shall touch them briefly, as they are

included in what has been already said.

1. The separate school for colored children is not one of the schools

established by the law relating to Public Schools.[41] It is not a

Common School. As such it has no legal existence, and therefore cannot

be a _legal equivalent_. In addition to what has been already said,

bearing on this head, I call attention to one other aspect. It has been

decided that a town can execute its power to form School Districts

only by geographical divisions of its territory, that there cannot

be what I would call a _personal_ limitation of a district, and that

_certain individuals_ cannot be selected and set off by _themselves_

into a district.[42] The admitted effect of this decision is to render

a separate school for colored children illegal and impossible in towns

divided into districts. They are so regarded in Salem, Nantucket, New

Bedford, and in other towns of this Commonwealth. The careful opinion

of a learned member of this Court, who is not sitting in this case,

given while at the bar,[43] and extensively published, is considered as

practically settling this point.

[41] Revised Statutes, Ch. 23.

[42] Perry _v._ Dover, 12 Pick. R., 213.

[43] Hon. Richard Fletcher.

But there cannot be one law for the country and another for Boston.

It is true that Boston is not divided strictly into geographical

districts. In this respect its position is anomalous. But if separate

colored schools are illegal and impossible in the country, they must

be illegal and impossible in Boston. It is absurd to suppose that this

city, failing to establish School Districts, and treating all its

territory as a single district, should be able to legalize a Caste

school, which otherwise it could not do. Boston cannot do indirectly

what other towns cannot do directly. This is the first answer to the

allegation of equivalents.

2. The second is that in point of fact the separate school is not

an equivalent. We have already seen that it is the occasion of

inconvenience to colored children, which would not arise, if they had

access to the nearest Common School, besides compelling parents to pay

an additional tax, and inflicting upon child and parent the stigma of

Caste. Still further,--and this consideration cannot be neglected,--the

matters taught in the two schools may be precisely the same, but a

school exclusively devoted to one class must differ essentially in

spirit and character from that Common School known to the law, where

all classes meet together in Equality. It is a mockery to call it an

equivalent.

3. But there is yet another answer. Admitting that it is an equivalent,

still the colored children cannot be compelled to take it. Their

rights are found in Equality before the Law; nor can they be called to

renounce one jot of this. They have an equal right with white children

to the Common Schools. A separate school, though well endowed, would

not secure to them that precise Equality which they would enjoy in the

Common Schools. The Jews in Rome are confined to a particular district

called the Ghetto, and in Frankfort to a district known as the Jewish

Quarter. It is possible that their accommodations are as good as they

would be able to occupy, if left free to choose throughout Rome and

Frankfort; but this compulsory segregation from the mass of citizens is

of itself an _inequality_ which we condemn. It is a vestige of ancient

intolerance directed against a despised people. It is of the same

character with the separate schools in Boston.

Thus much for the doctrine of Equivalents as a substitute for Equality.

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