The Journal of Negro History, Volume 7, 1922Various
History
The Journal of Negro History, Volume 7, 1922
Various
African Americans -- Periodicals
The discussion of the civil rights bill gave rise to one of Robert
Brown Elliott's greatest speeches.[52] Arising to defend the bill, he
proceeded to refute the proposition advanced by Beck of Kentucky and
supported by Stephens of Georgia, that Congress had no power to
legislate against a plain discrimination made by State laws or customs
against any person or class of persons within its limits. In reference
to the decision of the Slaughter House Cases of Louisiana, which the
gentlemen had advanced in support of their thesis, Elliott pointed out
the difference in principle between the issues there involved and
those at hand. In the former case the court held the act in question
to be "a legitimate and warrantable exercise of the police power of
the State in regulating the business of stock landing and slaughtering
in the city of New Orleans and the territory immediately contiguous."
In this case, however, the evils complained of comprehended "the
exclusion of certain classes of persons from public inns, from the
saloons and tables of the steamboat, from the sleeping-cars on
railways, and from the right of sepulchre in public burial-grounds."
The Supreme Court, Elliott contended, has recognized two classes of
citizenships, state and national, but nowhere is there denied to
Congress the power to prevent a denial of equality of rights, whether
those rights exist by virtue of citizenship of the United States or of
a State. It followed, therefore, that it is within the authority of
Congress to see that no State deny to one class of citizens or
persons, rights which are common to other citizens, unless it can be
shown to be for the good of all, or pursuant to the legitimate
exercise of its police power. Rejecting such classification of the
case at hand and pointing out from the decision of the Slaughter House
Cases the express recognition of Congress to pass such a bill as the
one then under discussion, he concluded that the Constitution
warranted the passage of the bill, the Supreme Court sanctioned it,
and justice demanded it.[53] Elliott submitted also a resolution
directing the Judiciary Committee to report a civil rights bill.[54]
Public-domain text, read in full here on John Shaqi.
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