law. Moved by passionate entreaties to execute their poorly prepared plan, the assailants advanced and attacked the Negroes with stones. The blacks, however, had not been idle. They had secured sufficient guns and ammunition to fire into the mob such a volley that it had to fall back. The aggressors rallied again, however, only to be in like manner repulsed. Men were wounded on both sides and carried off and reported dead. The Negroes advanced courageously, and according to a reporter, fired down the street into the mass of ruffians, causing a hasty retreat. This mélée continued until about one o'clock when a part of the mob secured an iron six pounder, hauled it to the place of combat against the exhortations of the powerless mayor, and fired on the Negroes. With this unusual advantage the blacks were forced to retreat, many of them going to the hills. About two o'clock the mayor of the city brought out a portion of the "military" which succeeded in holding the mob at bay.41
On the next day the colored people in the district under fire were surrounded by sentinels and put under martial law. Indignation meetings of law-abiding citizens were held on Saturday to pass resolutions, denouncing abolitionists and mobs and making an appeal to the people and the civil authorities to uphold the law. The Negroes also held a meeting and respectfully assured the mayor and citizens that they would use every effort to conduct themselves orderly and expressed their readiness to give bond according to the law of 1807 or leave the city quietly within a specified time. But these steps availed little when the police winked at this violence. The rioters boldly occupied the streets without arrest and continued their work until Sunday. The mayor, sheriff and marshal went to the battle ground about three o'clock but the mob still had control. The officers could not even remove those Negroes who complied with the law of leaving. The authorities finally hit upon the scheme of decreasing the excitement by inducing about 300 colored men to go to jail for security after they had been assured that their wives and children would be protected. The Negroes consented and were accordingly committed, but the cowardly element again attacked these helpless dependents like savages. At the same time other rioters stormed the office of The Philanthropist and broke up the press. The mob continued its work until it dispersed from mere exhaustion. The Governor finally came to the city and issued a proclamation setting forth the gravity of the situation. The citizens and civil authorities rallied to his support and strong patrols prevented further disorder.42
It is impossible to say exactly how many were killed and wounded on either side. It is probable that several were killed and twenty or thirty variously wounded, though but few dangerously. Forty of the mob were arrested and imprisoned. Exactly what was done with all of them is not yet known. It seems that few, if any of them, however, were severely punished. The Negroes who had been committed for safe keeping were thereafter disposed of in various ways. Some were discharged on certificates of nativity, others gave bond for their support and good behavior, a few were dismissed as non-residents, a number of them were discharged by a justice of the Court of Common Pleas, and the rest were held indefinitely.43
This upheaval had two important results. The enemies of the Negroes were convinced that there were sufficient law-abiding citizens to secure to the refugees protection from mob violence; and because of these riots their sympathizers became more attached to the objects of their philanthropy. Abolitionists, Free Soilers and Whigs fearlessly attacked the laws which kept the Negroes under legal and economic disabilities. Petitions praying that these measures be repealed were sent to the legislature. The proslavery element of the State, however, was equally militant. The legislators, therefore, had to consider such questions as extradition and immigration, State aid and colonization, the employment of colored men in the militia service, the extension of the elective franchise, and the admission of colored children to the public schools.44 Most of these "Black Laws" remained until after the war, but in 1848 they were so modified as to give the Negroes legal standing in courts and to provide for their children such education as a school tax on the property of colored persons would allow45 and further changed in 184946 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 185349 so as to transfer the control of such schools to the managers of the white system. This was taken as a reflection on the blacks of the city and tended to make them refuse to cooperate with the white board. On account of the failure of this body to act effectively prior to 1856, the people of color were again given power to elect their own trustees.50
During this contest certain Negroes of Cincinnati were endeavoring to make good their claim to equal rights in the public schools. Acting upon this contention a colored man sent his son to a public school which, on account of his presence, became a center of unusual excitement. Isabella Newhall, the teacher, to whom he went, immediately complained to the board of education, requesting that he be expelled because of his color. After "due deliberation" the board of education decided by a vote of 15 to 10 that the colored pupil would have to withdraw. Thereupon two members of that body, residing in the district of the timorous teacher, resigned.51
Many Negroes belonging to the mulatto class, however, were more successful in getting into the white schools. In 1849 certain parents complained that children of color were being admitted to the public schools, and in fact there were in one of them two daughters of a white father and a mulatto mother. On complaining about this to the principal of the school in question, the indignant patrons were asked to point out the undesirable pupils. "They could not; for," says Sir Charles Lyell, "the two girls were not only among the best pupils, but better looking and less dark than many of the other pupils."52
Thereafter, however, much progress in the education of the colored people among themselves was noted. By 1844 they had six schools of their own and before the war two well-supported
A very interesting account of this riot is given in Howe's "Historical Collections of Ohio," pages 226-228.
It was discovered that not a few of the mob came from Kentucky. About eleven o'clock on Saturday night a bonfire was lighted on that side of the river and loud shouts were sent up as if triumph had been achieved. "In some cases." says a reporter, "the directors were boys who suggested the point of attack, put the vote, declared the result and led the way."–Cin. Daily Gaz., Sept. 14, 1841.
Hickok, "The Negro in Ohio," 90 et seq.
Laws of Ohio, XL, 81.
The Convention Debates.
Special Report of the United States Commissioner of Education, 1871, page 372.
Laws of Ohio.
Lyell, "A Second Visit to the United States of North America," II, 295, 296.
