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 1853[49] 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]