New national era. [volume] (Washington, D.C.) 1870-1874, 1874-01-15
EQUALITY BEFORE The Law.
The Black Man Pleading for Himself.
sucech Of Hon. h. u. Elliott In the
House Of Representatives,
January 6, 1874.
Mr.. ELLIOTT said :

While am sincerely grateful for this high
mark Of courtesy that has been accorded to
me by this House, it is a matter of regret to
NE that it is necessary at this day that
Should rise in the presence of an American
Congress to advocate bill which simply as
serts equal rights and equal public privileges
for all classes Of American citizens. I re-
sret, sir, that the dark hue of my skin may
lend a color to the imputation that am con-
trolled by motives personal to myself in my
advocacy of this great measure OF national
Justice. Sir, the motive that impels me is
restricted by no such narrow boundary, but
is as broad as your Constitution. 1 advocate
it, sir, because it is right. The bill, how
ever, not only appeals to your justice, but it
demands response from your gratitude.
In the events that led to the achievement
OF American Independence the negro was
not an inactive or unconcerned spectator.
lie bore his part brayelv upon many battle
fields, although uncheered by that certain
hope of political elevation which victory
would secure to the white man. The tall
granite shaft, which a grateful State has
reared above its sons who fell in defending
Fort Griswold against the attack of Benedict
Arnold, bears the name of Jordan Freeman
aud other brave men of the African race,
Who there cemented with their blood, the
Cornerstone of the Republic. In the State
which have the honor in part to represent
the rifle Of the black man rang out against
the troops of the British crown in the darkest
days of the American Revolution. Said Gen.
Greene, who has been justly termed the
Washington of the North, in a letter written
by him to Alexander Hamilton, on the 10th
day OF January, 1881, from the vicinity of
Camden, South Carolina:
There is no such thing as national char
acter or national sentiment. The inhabitants
are numerous, but they would be rather for
midable abroad than at home. There is a
great spirit Of enterprise among the black
people, and those that come out as volun-
toeTs are not a little formidable to the
enemy"
At til. battle OF New Orleans, under the
Immortal Jackson, a colored regiment held
the extreme right of the American line I'M
liinchingiy, and drove back the British column
that pressed upon them, at the point of the
bGyonet. So marked was their yalor on that
occasion that it evoked from their great COM
InGnder the warmest encomiums, as will be
seen from his dispatch announcing the bril-
liant victory.
AS the gentleman from Kentucky, [Mr.
BECK, who seems to be the leading expo
nent on this floor of the party that is arrayed
against the principle of this bill, has been
pleased, in season and out of season, to cast
airy of his State, l may be pardoned for call
ing attention to another portion of the same
Dispatch. Referring to the various regiments
under his command, and their conduct on
that field which terminated the second war
Of American Independence, General Jackson
saws:
AT the very moment when the entire
discontinue of the enemy was looked for
with confidence amounting to certainty,
the Kentucky reenforcements, in whom so
much reliance had been placed, inglOriOusiy
fied.''
In quoting this indisputable piece of his
tory, do SO only by way of admonitiop and
not to question the well-attested gallantry
Of the true Kentuckian, and to suggest to the
gentleman that it would he well that he
should not fiaunt his heraldry SO proudly
while he bears this bar-sinister on the mill
tary escutcheon of his State-a State which
answered the call Of the Republic in 1861,
when treason Numbered at the very gates of
the capital, by coldly declaring her neutrality
in the impending struggle. The negro, true
to That patriotism and love of country that
have ever characterized and marked his his
tory on this continent, came to the aid of the
Government in its efforts to maintain tho
Constitution. To that Government he now
appeals that Constitution he now invokes
for protection against outrage and unjust
rreiudices founded upon caste.
But, sir, we are told by the distinguished
gentleman from Georgia MIR. STEPHENs]
that Congress has no power under the Con-
siiiution TO pass such a law, and that the
Passage of such an act is in direct contraven-
ton Of the rights of the States. l cannot
assent to any such proposition. The cOnsti-
tuition of free government ought always to
be construed in favor Of human rights. In
deed, the thirteenth, fourteenth, and fifteenth
amendments, in positive words, invest Con-
gross with the power to protect the citizen in
his civil and political rights. Now, sir, what
are civil rights? Rights natural, modified by
civil society. Mr.. Leber says:
by civil liberty is meant, not only the
absence of individual restraint, but liberty
within the social system and political organ
ism-a combination Of principles and laws
Sash G ana baa E0r tine the
result of mans two-fold character as an iudi-
Nidual and social being, so soon as both are
equally respected. "-Lieber on CirH Liberty,
page %.
Alexander Hamilton, the right-hand man
of Washington in the perilous days of the
Then infant Republic, the great interpreter
and expounder Of the Constitution, says:
Natural liberty is gift of the benelicent
Creator to the whole race; civil liberty is
founded on it; civil liberty is only natural
liberty modified and secured by civil So
ety."-HamiaOn's History Of tie American
Aepab!ic, vol. l, page 70.
In the French constitution of June, 1898,
We find this grand and noble declaration:
Government is instituted to insure to man
The Tree use of his natural and inalienable
rights. These rights are equality, liberty,
security, property. All men are equal by
nature and before the law. Law
Is the same for all, be it protective or penal.
freedom is the power by which man can do
what does not interfere with the rights oil
another; its basis is nature, its standard is
justice, ITS protection is law, its moral boun-
cary l. the maxim: do not unto others
what YOU do MT wish they should do unto
Are we then, sir, with the amendments to
our Constitution staring us in the face; with
u.ese grand truths of history before our eyes
win innumerable wrongs daily inflicted upon
I'VE million citizens demanding redress, 10
commit this question to the diversity of State
legislation: In the words of Hamilton
is 1t the interest of the Government to
eaciince individual rights to the preservation
VI The rights OF an artificial being, called
Gtates! There can be no truer principle
than this, that every individual of the com.
Ihunity at large has an equal right to the
protection Of Government. Can this be q
free Government if partial distinctions are
tolerated or maintained?"
1he rights contended for in this bill are