SLA. 



7.VJ 



the defendant, "VT. C. Lowry. -who was alleged 

 to be at least one fourth negro, by the trustees 

 of a school district, the sum of one hundred 

 and fifty dollars, which a majority of them 

 agreed to pay him as compensation for teach- 

 ing a common school in the district for six 

 months. The trustees admitted the charges 

 of the bill, but stated that they had no knowl- 

 edge of the fact charged and did not believe it. 

 The defendant Lowry denied under oath that 

 he was of African descent or that he had any 

 African blood in his veins, but declined to offer 

 evidence that he was not a mulatto, and made 

 no attempt to sustain his answer by proof. The 

 complainant and others refused to send their 

 children to said Lowry, and offered a number 

 of witnesses who stated they were well ac- 

 quainted with the African race, and believed 

 the defendant mixed with African blood. The 

 evidence, in the absence of any testimony to 

 the contrary, being in the opinion of the Court 

 sufficient to establish the allegation in the bill 

 that the defendant, Lowry, was at least one 

 fourth negro blood, the simple question re- 

 mained, is'it competent for directors of schools, 

 under their common school system, to appro-' 

 priate the common school fund raised by taxa- 

 tion to the payment of persons of color as 

 teachers in the public schools ? In the opinion 

 of the Court no such use could be made of the 

 common school fund by the agents of the cor- 

 porations created for school purposes. The 

 Court said : 



While it is admitted that persons of color are capable 

 of contracting, and further, that there is by statute no 

 express prohibition as to the employment of persons 

 of that class as teachers in the public schools of the 

 State, we think it clear that the spirit of legislation in 

 this State, with reference to negroes, as well as good 

 taste and sound public policy, forbid it. 



The Constitution of this" State, and the statutes 

 adopted in pursuance thereto, forbid the migration to 

 and settlement in this State of such persons. They 

 are forbidden to vote, sit upon juries, hold office, and 

 to testify in causes where white persons are parties. 

 Especially by the common school law of this State are 

 negro children prohibited from attending as pupils and 

 enjoying the benefits of schools established for the 

 benefit of white children. Xo doubt, had the Legisla- 

 ture conceived it probable that an attempt would ever 

 be made to place negroes in the delicate and almost pa- 

 rental relation of teachers of the white children of the 

 country in the public schools, they would have inserted 

 an express provision against it. We think, however, 

 enough is shown to demonstrate the fact that the 

 Legislature intended that the races should be separate 

 in the public schools beyond any reasonable doubt. It 

 would also seem that any attempt to appropriate the 

 public school funds to sueh a use is an abuse, and an 

 assumption of power wholly unwarranted, against 

 which the tax-payers interested ought to have relief. 



A decree is therefore granted according to the prayer 

 of the bill. 



In the same State indictments were found in 

 the Jersey County Court against officers of the 

 State troops who" returned from the army at 

 the South and brought negroes with them. 

 The penalty was a fine of from one to five hun- 

 dred dollars and imprisonment in the county 

 jail not more than one year. 



VOL. II. 45 



The manner in which the Navy Department 

 regarded the negro is shown by the following 

 order : 



XAVT DwArmrxT, April SO, ISM. 



"Sir The approach of the hot and sickly JCMOQ 

 upon the Southern coast of t! 



it imperative that every precaution should be used by 

 the officers commanding vessels to continue the excel- 

 lent sanitary condition of their crews. The large num- 

 ber of persons known as ' contrabands' flocking to the 

 protection of the United States flag affords an oppor- 

 tunity to provide in every department of a ship, 

 especially for boats' crews, acclimated labor. The flag- 

 officers are required to obtain the services of these 

 persons for the country by enlisting them freely in the 

 navy, with their consent, rating them as boys, at eight, 

 nine, or ten dollars per month, and one ration. Let a 

 monthly return be made of the number of this class of 

 persons employed on each vessel under your com- 

 mand. 



" I am, respectfully, your obedient servant, 



"GIDEON WELLES." 



On an application by a citizen of North Caro- 

 lina to the naval commander Rowan for a 

 favorite servant supposed to be with the United 

 States forces, the Secretary gave the following 

 instructions : 



As similar applications may frequently be made, it 

 is proper to remind you that persons who have enlisted 

 in the naval service cannot be discharged without the 

 consent of the Department, and that no one should be 

 " given up " against his wishes. 



The social position of the negro is illustrated 

 by many facts which occurred. The following 

 correspondence will serve to show their posi- 

 tion in the army : 



TEESTOS (TzsjO, Auyugt 12, 1981 

 GfO. W. Deitzl~:r, Col. Com' ding Fir*t Rait. Kan.. Volt. 



We, the undersigned, non-commissioned officers and 

 privates of Company G, First Regiment Kansas Volun- 

 teers, respectfully request that Francisco Adalger, of 

 the above company, be transferred to the original com- 

 pany to which he was assigned or be mustered out of 

 the service. Our reasons are firstly, we believe him 

 to be a " nigger;" secondly, that he never was properly 

 assigned to our company, but, after being, refused in 

 several other companies, he was placed in Company 

 G. We have no objection to giving our services to our 

 country, to endure all the privations that we may be 

 called "on to endure, but to have one of the company, 

 or even one of the regiment, pointed out as a nigger 

 while on dress parade or guard, is more than we like 

 to be called upon to bear 



We hope that the above will meet your hearty ap- 

 proval. 



ed by thirty -six of the company, and endorsed 

 as follows :] 



HEADO.UARTTM FMTED STATTS TEOOPS, > 

 TRKSTOS (TESX.X Auyutt 14. 1561 } 

 JSrig.-Gen, G. M. Dodge, Commanding DiritioH.^ 



G'ENERAL : The person referred to in the within 

 protest was transferred, together with eighty-four 

 others, to the regiment from the First Kansas and New 

 Mexico Regiment, by order of the Governor of Kansas, 

 and assigned to Company G. lie is full two thirds 

 " nigger'" too black to serve upon terms of equality 

 with white soldiers. I respectfully recommend I 

 he be mustered out of service, or transferred to Jim 

 Lane's nigger brigade. The recommendation u not 

 made out 



Col. First Kansas Vols., Commanding Port. 

 In the month of July disturbn: oat 



in various part- : ~? m 



apprehensions that the negroes who have in- 



