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 Petitions praying that these measures be repealed were sent to the legislature.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 allow[45] and further changed in 1849[46] 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 Journal of Negro History, Vol. I. Jan. 1916 — Part 11

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]

The Journal of Negro History, Vol. I. Jan. 1916 — Part 11