Educational laws of Virginia

by Margaret Crittenden Douglass

The two little girls continued to come every day, and were well behaved and very obedient. They soon became indeed, a source of pleasure to us. They were very attentive to their studies, and with my daughter’s unremitting attention, they made rapid progress. They were with us nearly a month, when my daughter remarked to me, that she would be very sorry to part with them, as they learned very fast, and every day required more of her attention, and she feared that they would interfere with her other duties. Now, up to this time, I had not anticipated receiving any compensation for the tuition of those children, nor had I dreamed of establishing a regular school. What I had done had been merely from the impulses of common humanity, without a thought of reward. I casually asked my daughter which she would prefer, to teach those children, or assist me in sewing; and if she would be willing to take charge of a small class of free colored children. She replied that she was fond of children, and would be glad to teach them if she could establish a class. “Very well,” I said, “you shall do so: we will open a school on the first of next month, (which was June, 1852,) for free colored children.” I thereupon sent word to Mr. Robinson, the father of the two little girls, notifying him of our intention, and stating that he might send us all the scholars that he could, and that the price of tuition would be three dollars per quarter. We were at once overrun with applications, and our little school was soon formed and well regulated, the children punctual in their attendance, and under good discipline. My daughter paid strict attention to them, and they made rapid progress in their studies. Our school numbered twenty-five pupils, of both sexes, and continued in prosperous existence about eleven months. We made no secret of the matter, and never intended to do so, nor could we, had we desired to ever so much.

My readers will therefore perceive, that the formation of our little school arose from a circumstance entirely accidental, I having at first offered simply to teach two or three colored children their Sunday school lessons; they being members of Christ’s Church Sunday school; and from the very books given to them by the ladies and gentlemen engaged in that school. Finding those children obedient and well behaved, as well as anxious to be taught, I became deeply interested in their welfare, and continued from time to time to receive all who offered themselves as pupils. Living a life so retired, I needed an occupation involving some care, and was glad to be engaged in a duty so benevolent. We attended strictly to their moral and religious instruction, and, when they were sick, we promptly visited them, and administered to their wants, and, I am indeed happy to say, although I was afterwards cruelly cast into prison and otherwise unjustly dealt with, I have the satisfaction of knowing that I suffered in a good and righteous cause. I was totally ignorant of any existing law prohibiting the instruction of free colored children, but, at the same time, I was careful to have no slaves among our scholars. Every thing passed on quietly for several months, in the ordinary routine of a child’s school, with nothing to interest my readers particularly, unless it be one incident which will never be forgotten by us, viz: the death of one of our little scholars, the circumstances of which I will here take the liberty to relate.

She was about fourteen years of age, and, while at school, she was mild, humble and obedient, and studied very hard. Her form was slender and her constitution very delicate. I frequently thought that her close application to her books would injure her health, though she seemed predestined to an early grave. She was at length taken seriously ill, and we visited her as frequently as our engagements would permit. Will my readers go with me into a tottering negro hovel, situated in the very heart of the city of Norfolk? It is a miserable apology for a human habitation, containing but two apartments, one above the other. On one side of the first, or ground floor, is a wretched bed, supported by some boards and broken chairs, and on it lies one of Mrs. Douglass’s sable scholars, her young life fast ebbing away under the ravages of a rapid consumption. Her mother, poor woman, is little better off, and her hollow cough tells too truly that her own days are numbered. With a constitution naturally delicate, and almost worn out by constant watching, she is unable to earn anything to add to her little stores, or even to obtain the slightest necessary nourishment for her dying child. Here is a scene of suffering, and no one to administer to the wants of the dying or the living. Common humanity calls loudly for the exercise of simple charity, but the cry is unheard.

Quietly and alone, my daughter and myself sat up, night after night, with the suffering child, and endeavored to smooth her pathway to the grave. She seemed far more happy and contented when we were beside her, and we therefore gave to her all the time we could possibly spare. On the night that she died we sat with her until a late hour, and, as we were leaving her, she said, in broken accents;—“I thank you, Mrs. Douglass and Miss Rosa, for all you have done for me: you have taught me to pray and to read my Bible, but I shall never read it again; you must pray for me before you go.” We did so, and left her in a quiet slumber, from which she awoke only, as we trust, in heaven. We took charge of the funeral arrangements, had her poor corpse neatly attired for its last repose, and saw that every thing was done decently and in order. Six of her school mates, selected previously by herself, dressed in white, acted as pall bearers at the funeral, and were followed by the rest of the school, I in a close carriage bringing up the rear of the procession. Yes, I followed to the grave the remains of a poor little negro child, and as this was a stretch of humanity that the good people of Norfolk could neither appreciate nor understand, I suppose I may trace to it the beginning of their future persecutions, which resulted finally in the descent upon my establishment by the officers of the law.

The descent was made on my school on the 9th day of May, 1853, between eight and nine o’clock in the morning, when the children had nearly all assembled. No note of warning had been given of this movement, and it was as unexpected as the sudden upheavings of an earthquake. Our school-room was situated in the second story back room. My daughter had but a few moments before taken her seat at her humble pine table, and was surrounded by her little sable scholars. Sable, did I say? No, not all; for in many cases the difference could scarcely be perceived between them and white children. Yes, Mrs. Douglass “condescended” to teach free black men’s children, and free white men’s children—some of the latter being, very probably, among her real persecutors! It was a horrible crime, was it not?

All was going on as peaceably as usual, and I had taken my seat to commence my daily toil, when a loud knock was made at my front door. I answered it myself, when the face of an officer presented itself, who inquired who lived up stairs. I replied that I alone occupied the house. He then asked if Mrs. Douglass lived there. I told him that I was Mrs. Douglass. He said, “You keep a school.” “Yes, sir,” was my reply. “A school for colored children?” I answered, “yes.” “I must see those children,” said he. I then demanded what business he had with them, or with anything in my house. He replied, that he had been sent by the Mayor. “Very good, sir,” said I, “walk in, and you shall see them;” and, without giving my daughter or the children any notice, I invited him up stairs into the school-room. Never will I forget the frightened state of those children, and the countenance of their young teacher. My daughter sat paralyzed, covering her face with her hands; and it was some time before I could restore order in the room. Some were crying, some exclaiming “Oh my! oh my!” and some clinging around me in their terror; but, during the excitement, I never lost my presence of mind. As soon as I had restored quiet in the room, I inquired of Mr. Cherry, the City Constable, what he wanted with those children. He replied, that he must take them before the Mayor. “Very well, sir,” said I, “my daughter and myself will accompany them.” To my astonishment, he went to the head of the stairs and gave a loud rap with his club, when another officer made his appearance, entering from my back door. For the moment I thought that my house was surrounded with officers, who perhaps fancied that they had found a nest of thieves. They then noted down the names of all the children, as well as those of their parents. When they had finished, I politely informed Mr. Cherry that they were all free children, and all, or nearly all, members of the Christ’s Church Sunday-school. “It makes no difference, madam,” he replied, “it is a violation of the law to teach any person of color to read or write, slave or free, and an act punishable by imprisonment in the penitentiary.” “Very well,” I replied, “if they send me to the penitentiary, it will be in a good cause, and not a disgraceful one.” Even this information, which was the most profound news to me, did not unnerve me at all: for I remembered that our Saviour was persecuted for doing good, and why should not I be. This thought strengthened me to bear my own persecutions for ten long months afterwards.

The officers having left the school room, I politely escorted them down stairs, proffering them seats until I made some alterations in my dress before I accompanied them to the Mayor’s office. I immediately returned to the school room, and found the children in a dreadful state of excitement. I must here inform my readers that all persons of color in the Southern, or Slave States, have a dreadful horror of constables, for it is these officers to whom is entrusted the execution of their punishment for all offences. After I had again brought the children to order, I was ready to accompany the officers. I arranged the children in couples and gave them up to the officers, and we all started for the Mayor’s office, my daughter and myself walking at a little distance in the rear. Will my readers please imagine, for an instant, a crowd of little children, walking two and two, preceded and followed by two stout men, each with a great club in his hands? It reminded me of a flock of little lambs going to the slaughter.

We soon reached the Mayor’s Court, and were seated until his honor was ready for an examination. Many spectators were present to witness the wonderful sight of a sudden descent upon a negro school. I had a casual acquaintance with his honor, Mayor Stubbs, as I had been before reported to him for an act of humanity to a helpless and worthy little woman and her two infant children. I had been made acquainted with her sufferings and miserable situation, and, from time to time, for two years, I had bestowed upon her many acts of kindness and sympathy, as cordially as though she had been my own sister. She had a drunken and worthless husband, who, when in a state of inebriation, was very violent and brutal to her, and who would often leave her for weeks at a time, without a cent, and almost in a state of starvation. At those emergencies she would subsist solely on what she received from my bounty. Finally, her young child, about one year old, was taken very ill. She was a kind and affectionate mother, and grieved much for her little boy. I endeavored to obtain assistance for her in the humane and benevolent city of Norfolk, but in vain. I alone clung to her to the last. She resided at some distance from my house. Her child lay for some weeks in a very critical condition, and I could not do as much for her as I desired to do. At this time her husband was away on one of his drunken carousals in the city, and not even the sufferings of his dying child could soften his brutal heart. I finally concluded to take her and her children into my own house, and made the proposition to her, which she received with much gratitude, and readily assented to. By my advice she soon had her little chattels gathered together and sent them to an auctioneer. The room was soon emptied, and, with her two sick children, she hastened to my house, where, with our united attentions, we succeeded in raising the little sufferer to health. The facts in this case having been reported to Mayor Stubbs, he called in person to see me, and proved himself to be a good man, as he afterwards was a merciful judge. I relate this little circumstance merely to show my first acquaintance with this gentleman.

It was about a year after this occurrence when I entered his court-room with my little school, in obedience to his somewhat pressing invitation, and attended by his two officers as a guard of honor.

I felt certain that he was a man who desired peace in his community, as well as one disposed to temper justice with mercy to all. In about fifteen minutes we were called before him, and the children arranged on one side of the room. He greeted me very cordially with a “Good morning, Mrs. Douglass.” I politely returned his salutation, when he remarked that I had quite a large family. I said yes, and that they were all very good children. “But, are you aware,” he inquired, “that it is a violation of the law of this State to instruct colored children to read?” I replied, that I had not been aware of the existing law until that morning; that these were all free children, and that every one before him was a member of the Christ’s Church Sunday-school; that this school was held at the lecture-room on Freemason street, where primers and other books were given to them to learn to read; and that, if I had violated the law, they had been doing so for years. The Mayor replied that such facts had never been reported to him, or he should have been obliged to do his duty in the matter. A gentleman, who was present, voluntarily asserted that there was a large Sunday-school kept there for colored children, and that he thought a violation of the law was such as much in one place as another. His Honor then took up the statutes of Virginia, and read the law on the subject, which announced the maximum penalty attached to its violation to be a fine of one hundred dollars and imprisonment for six months. He also remarked that he was very sorry the matter had occurred, but that he must do his duty in the premises. I replied, that I expected him to do his duty; but that with a clear conscience I could bear imprisonment, or anything else. I asked him if anything would be done with the children. He said, “Nothing,” and gave immediate orders for their dismissal, when they fled like so many little birds let loose from a cage. I could not refrain from tears as I looked after them as they left the room, and hastened from what was to them a place of exceeding terror. I was rejoiced that no harm would fall upon them, and felt that I could bear anything rather than that they should suffer in any way. I then inquired if anything would be done with their parents, and was answered, “Nothing.” I then asked his Honor if he could allow the whole responsibility of the matter to rest upon myself; that my daughter was not yet of age, and that I was alone responsible for any act of hers, as well as my own. He inquired if I had any friends who would become security for my appearance before the Supreme Court. “Friends!” I replied “I am my own best friend, and my daughter’s only one.” I told him to do his duty, and put me in prison at once, if he chose, for I would ask no favors at the hands of any man. On receiving this reply, he reflected for a moment and then said, “I think that I am allowed some discretion in this matter. You say, Mrs. Douglass, that you were not aware of the existing law?” I replied that I was not, and that I was not disposed to violate the laws of any people or place where I might reside. He then, being perfectly satisfied with my good intentions, frank acknowledgment, and ignorance of the law, dismissed the matter; for which I tendered him my thanks, and left the court room.