In conformity with these sections is the peculiar phraseology of the memorable Colonial law of 1647, founding Common Schools, "to the end that learning may not be buried in the graves of our forefathers." This law obliged townships having fifty householders to "forthwith appoint one within their towns to teach all such children as shall resort to him to write and read."[27] Here again there is no discrimination among the children. All are to be taught.
On this legislation the Common Schools of Massachusetts have been reared. The section of the Revised Statutes,[28] and the statute of 1838,[29] appropriating small sums, in the nature of a contribution, from the School Fund, for the support of Common Schools among the Indians, do not interfere with this system. These have the anomalous character of all the legislation concerning the Indians. It does not appear, however, that separate schools are established by law among the Indians, nor that the Indians are in any way excluded from the Common Schools in their neighborhood.
I conclude, on this head, that there is but one Public School in Massachusetts. This is the Common School, equally free to all the inhabitants. There is nothing establishing an exclusive or separate school for any particular class, rich or poor, Catholic or Protestant, white or black. In the eye of the law there is but one class, where all interests, opinions, conditions, and colors commingle in harmony,—excluding none, therefore comprehending all.
[EQUALITY UNDER JUDICIAL DECISIONS.]
The Courts of Massachusetts, in harmony with the Constitution and the Laws, have never recognized any discrimination founded on race or color, in the administration of the Common Schools, but have constantly declared the equal rights of all the inhabitants.
There are only a few decisions bearing on this subject, but they breathe one spirit. The sentiment of Equality animates them all. In the case of The Commonwealth v. Dedham, (16 Mass. R., 146,) while declaring the equal rights of all the inhabitants, in both Grammar and District Schools, the Court said:—
"The schools required by the statute are to be maintained for the benefit of the whole town, as it is the wise policy of the law to give all the inhabitants equal privileges for the education of their children in the Public Schools. Nor is it in the power of the majority to deprive the minority of this privilege.... Every inhabitant of the town has a right to participate in the benefits of both descriptions of schools; and it is not competent for a town to establish a grammar school for the benefit of one part of the town to the exclusion of the other, although the money raised for the support of schools may be in other respects fairly apportioned."
Here is Equality from beginning to end.
In the case of Withington v. Eveleth, (7 Pick. R., 106,) the Court say they "are all satisfied that the power given to towns to determine and define the limits of school districts can be executed only by a geographical division of the town for that purpose." A limitation of the district merely personal was held invalid. This same principle was again recognized in Perry v. Dover, (12 Pick. R., 213,) where the Court say, "Towns, in executing the power to form school districts, are bound so to do it as to include every inhabitant in some of the districts. They cannot lawfully omit any, and thus deprive them of the benefits of our invaluable system of free schools." Thus at every point the Court has guarded the Equal Rights of all.