Indiana

Corey

vs

Carter

Carter, a Black man who resided in Lawrence Township, was the father of Mary and Edward Carter, and the grandfather of Lucy and John Carter. They all lived in the same home. There was not a public school for Black children in the local school district, so Carter took his grandchildren to enroll at the nearest common school for white children. The director of the school and a teacher refused to admit them. Carter sued the school and the court ruled in his favor.  The school officials appealed the case to the Supreme Court of Indiana. The Supreme Court argued that education was an issue related to state’s rights and so they did not have to follow the equal protection clause of the Fourteenth Amendment of the United States. This meant that the privileges and immunities Carter thought his family could claim didn’t apply in state institutions like common schools. The Court upheld the “separate but equal” doctrine, but stated that if there were not enough Black students to necessitate a school in one district, these students could be sent to a separate school outside the district. They reversed the lower court's ruling and Carter lost.

Further Reading

Court Decision

It took me forever to find anything because I was spelling it "Corey" not "Cory." :D says "The first clause of the fourteenth amendment made negroes citizens of the United States, and citi*328zens of

the State in which they reside, and thereby created two classes of citizens, one of the United States and the other of the state"? Anyway, plaintiff is a Black American, a father, and grandfather (all live in same residence). He claims his children and grandchildren were the appropriate age to be admitted into the common school in their district, but were refused admission by the director and teacher of the school on the basis that the school was for white children, not colored children. Plaintiff claims it is legally their right to be taught alongside white children. Majority opinion written by Btjskiek(?) and he goes over old laws that do not even consider Black Americans and goes on to say "the privileges and immunities secured by the above quoted section were intended for citizens of this State," referring to White Americans, so "the provisions of the sections under examination have no application to the children and grandchildren of the appellee." Goes on about the Civil War amendments and how they apply to Black Americans as American citizens, not specifically state citizens. He says the usual seperate but equal does not deny anyone privillages or immunities and that if there are not enough colored students in 1 district they will combine them into one. Justic Andrew Lawrence Osborn did not concurr the opinion. Concludes with a rehearing opinion by Justice Samuel Buskirk: stick with original opinion and petition is overruled. so the Indiana Act of 1869 didn't violate with the fourteenth amendment

Book

Chapter 8 (page 173) titled "The Challenge of Racial Equality" mentions Corey Case (pg. 174). So they ruled that the 14th ammendment did not make colored people citizens of the states in which they re

side and did not apply to domestic state institutions, like common schools. So Indiana really enforced the "seperate but equal" doctrine. After the case, a 1877 law stated that black children could join white schools if no school was available for black children.

Book

Chapter 8 (page 173) titled "The Challenge of Racial Equality" mentions Corey Case (pg. 174). So they ruled that the 14th ammendment did not make colored people citizens of the states in which they reside and did not apply to domestic state institutions, like common schools. So Indiana really enforced the "seperate but equal" doctrine. After the case, a 1877 law stated that black children could join white schools if no school was available for black children.

Court Decision

It took me forever to find anything because I was spelling it "Corey" not "Cory." :D says "The first clause of the fourteenth amendment made negroes citizens of the United States, and citi*328zens of the State in which they reside, and thereby created two classes of citizens, one of the United States and the other of the state"? Anyway, plaintiff is a Black American, a father, and grandfather (all live in same residence). He claims his children and grandchildren were the appropriate age to be admitted into the common school in their district, but were refused admission by the director and teacher of the school on the basis that the school was for white children, not colored children. Plaintiff claims it is legally their right to be taught alongside white children. Majority opinion written by Btjskiek(?) and he goes over old laws that do not even consider Black Americans and goes on to say "the privileges and immunities secured by the above quoted section were intended for citizens of this State," referring to White Americans, so "the provisions of the sections under examination have no application to the children and grandchildren of the appellee." Goes on about the Civil War amendments and how they apply to Black Americans as American citizens, not specifically state citizens. He says the usual seperate but equal does not deny anyone privillages or immunities and that if there are not enough colored students in 1 district they will combine them into one. Justic Andrew Lawrence Osborn did not concurr the opinion. Concludes with a rehearing opinion by Justice Samuel Buskirk: stick with original opinion and petition is overruled. so the Indiana Act of 1869 didn't violate with the fourteenth amendment