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.[1] Elliott submitted also a resolution directing the Judiciary Committee to report a civil rights bill.[2]
The civil rights of the Negroes constituted the general theme of the remarks made by Alonzo J. Ransier, a representative from South Carolina in the Forty-third Congress. In the first instance he spoke in refutation of the allegements of certain members of the opposition to the effect that the mass of Negroes did not want civil rights. Ransier sought mainly to show, by the presentation[3] of data in form of resolutions from Negro bodies and conventions, the intense desire of the race for civil rights. During the course of these remarks, Ransier served notice of his intention to offer to the civil rights bill an amendment to prevent the disqualification of competent citizens for service as jurors in any court in the nation because of "race, color, or previous condition of servitude." The amendment would provide also for the repeal of all laws, statutes, and ordinances, national or State, which were devised to discriminate against any citizen on account of color by the use of the word "white."[4]
