the property of colored persons would allow[45] and further
changed in 1849[46] so as to make the provision for education more
effective.
The question of repealing the other oppressive laws came up in the
Convention of 1850. It seemed that the cause of the Negroes had made
much progress in that a larger number had begun to speak for them. But
practically all of the members of the convention who stood for the
Negroes were from the Western Reserve. After much heated discussion the
colored people were by a large majority of votes still left under the
disabilities of being disqualified to sit on juries, unable to obtain a
legal residence so as to enter a charitable institution supported by the
State, and denied admission to public schools established for white
children.[47]
The greatest problem of the Negroes, however, was one of education.
There were more persons interested in furnishing them facilities of
education than in repealing the prohibitive measures, feeling that the
other matters would adjust themselves after giving them adequate
training. But it required some time and effort yet before much could be
effected in Cincinnati because of the sympathizers with the South. The
mere passing of the law of 1849 did not prove to be altogether a
victory. Complying with the provisions of this act the Negroes elected
trustees, organized a system, and employed teachers, relying on the
money allotted them by the law on the basis of a per capita division of
the school fund received by the board of education. So great was the
prejudice of people of the city that the school officials refused to
turn over the required funds on the grounds that the colored trustees
were not electors and, therefore, could not be office-holders, qualified
to receive and disburse funds. Under the leadership of John I. Gaines,
therefore, the trustees called an indignation meeting and raised
sufficient money to employ Flamen Ball, an attorney, to secure a writ of
mandamus. The case was contested by the city officials, even in the
Supreme Court, which decided against the officious whites.[48]
This decision did not solve the whole problem in Cincinnati. The amount
raised was small and even had it been adequate to employ teachers, they
were handicapped by another decision that no portion of it could be used
for building schoolhouses. After a short period of accomplishing
practically nothing the law was amended in 1853[49] so as to transfer
the control
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