Volume 9 — SHUTTING UP OF COLORED SCHOOLS BY THE PROVISIONAL GOVERNMENT OF NORTH CAROLINA.

Resolution and Remarks in the Senate, June 2, 1862.

Hon. Edward Stanly was appointed by the President Provisional Governor of North Carolina, and Andrew Johnson, of Tennessee. The former signalized his arrival at his post by an official movement against schools for colored children, as forbidden by “the laws of the State,” meaning the Black Code, before the war.

Mr. Vincent Colyer, who had opened a school for colored children at Newbern, came at once to Washington. Arriving at the close of the day, he reported immediately to Mr. Sumner, who without delay hurried to the Executive Mansion, and, not finding the President there, followed him to the War Department. Mr. Sumner related what had occurred, when the President, with an impatience which Mr. Sumner never encountered from him on any other occasion, exclaimed, “Do you take me for a School-Committee-man?” Mr. Sumner replied promptly: “Not at all; I take you for President of the United States; and I come with a case of wrong, in attending to which your predecessor, George Washington, if alive, might add to his renown.” The President changed his tone, and with perfect kindness proceeded to consider the case.

Mr. Sumner lost no time in laying it before the Senate.

June 2d, he offered the following resolution:—

“Resolved, That the Secretary of War be requested to communicate to the Senate copies of any commissions or orders from his Department undertaking to appoint Provisional Governors in Tennessee and North Carolina, with the instructions given to the Governors.”

By unanimous consent, the Senate proceeded to consider the resolution, when Mr. Sumner said:—

MR. PRESIDENT,—I shall not stop to consider any question touching the power to appoint Governors of States. My object is different. It is to expose a case of peculiar interest and importance, with regard to which I have a statement worthy of confidence. From this it appears that one of the first acts of Mr. Stanly, on arrival at Newbern, North Carolina, and assuming his responsible duties as Provisional Governor, was to announce that the school there for the education of colored children, recently opened by Northern charity, must be closed, being forbidden by the laws of North Carolina, which he was instructed by the authorities at Washington to maintain. I have here an official report of this extraordinary transaction.

“In a conversation between Governor Stanly and Mr. Colyer, the Governor stated that there was one thing in Mr. C.’s doings, as superintendent of the poor, a question would be raised about,—indeed, it had been already,—and that was his (C.’s) keeping school for the blacks. ‘Of course you are aware,’ said the Governor, ‘that the laws of the State make the opening of such schools a criminal offence. My instructions from Washington were, that I was to carry out the laws of North Carolina precisely as they were administered before the breaking out of this unhappy affair; so, if I were called upon for a decision in the matter of your schools for the blacks, I would have to decide against you; but at the same time I don’t want anything done abruptly. As a man, I might do, perhaps, as you have done; but as a Governor, I must act in my official capacity according to my instructions, and administer the laws as I find them.’

“A true copy.

“C. H. Mendell, Clerk to Mr. Colyer.

“Newbern, May 28, 1862.”

Then follows a further statement.

“Mr. C. C. Leigh, who was with General Saxton in the Oriental, on his way to South Carolina, as confidential agent of the National Freedmen’s Relief Association, and who has just returned, asked Mr. Colyer what he should do. Mr. C. replied: ‘I must close the schools, as I cannot consent to continue to place myself in a situation where I am liable to be punished according to the laws of North Carolina.’

“Mr. Leigh is the Chairman of our Home Committee.”

If any person, in the name of the United States, has undertaken to close a school for little children, whether white or black, it is important that we should know the authority under which he assumes to act. Surely nobody here will be willing to take the responsibility for such an act. It is difficult to conceive that one of the first fruits of national victory and the reëstablishment of national power should be an enormity not easy to characterize in any terms of moderation. Jefferson tells us that in a certain contest there is no attribute of the Almighty “which can take side with us.”[71] And permit me to say, that, if, in the war unhappily existing, the military power of the United States is employed in closing schools, there is no attribute of the Almighty which must not be against us; nor can we expect any true success. Sir, in the name of the Constitution, of humanity, and of common sense, I protest against such impiety under sanction of the United States.

The proper rule of conduct is simple. It is found in the instructions, to which I referred the other day, from the British Commissioner in a conquered province of India. After indicating certain crimes to be treated with summary punishment, he proceeds to say: “All other crimes you will investigate according to the forms of justice usual in the country, modified as you may think expedient; and in all cases you will endeavor to enforce the existing laws and customs, unless where they are clearly repugnant to reason and natural equity.”[72] Here is the proper limitation. Anything else is unworthy of a civilized country. Whatever is clearly repugnant to reason and equity must be rejected. Surely such a thing cannot be enforced. But what can be more clearly repugnant to reason and equity than the barbarous law which an officer, in the name of the National Government, has threatened to enforce?

The resolution was agreed to.

June 4th, a report from the Secretary of War, in answer to this resolution, contained a letter of appointment, dated May 19, 1862, conferring “all and singular the powers, duties, and functions pertaining to the office of Military Governor, including the power to establish all necessary offices and tribunals, and suspend the writ of Habeas Corpus.” This was followed, May 20th, by instructions, wherein it is said: “Upon your wisdom and energetic action much will depend.… It is not deemed necessary to give any specific instruction, but rather to confide in your sound discretion to adopt such measures as circumstances may demand. Specific instructions will be given, when requested. You may rely upon the perfect confidence and full support of the Department in the performance of your duties.”[73]