"If it would not be disrespectful," said Mr. Trumbull, "I should like to inquire how many votes the President got in those eleven States. Sir, he is no more the representative of those eleven States than I am, except as he holds a higher position. I came here as a Representative chosen by the State of Illinois; but I came here to legislate, not simply for the State of Illinois, but for the United States of America, and for South Carolina as well as Illinois. I deny that we are simply the Representatives of the districts and States which send us here, or that we are governed by such narrow views that we can not legislate for the whole country; and we are as much the Representatives, and, in this particular instance, receive as much of the support of those eleven States as did the President himself."
Mr. Trumbull finally remarked: "The President believes this bill unconstitutional; I believe it constitutional. He believes that it will involve great expense; I believe it will save expense. He believes that the freedmen will be protected without it; I believe he will be tyrannized over, abused, and virtually reënslaved, without some legislation by the nation for his protection. He believes it unwise; I believe it to be politic."
Without further debate, the vote was taken on the question, "Shall the bill pass, the objections of the President of the United States notwithstanding?" The Senators voted as follows:
YEAS—Messrs. Anthony, Brown, Chandler, Clark, Conness,
Cragin, Creswell, Fessenden, Foster, Grimes, Harris,
Henderson, Howard, Howe, Kirkwood, Lane of Indiana, Lane of
Kansas, Morrill, Nye, Poland, Pomeroy, Ramsey, Sherman,
Sprague, Sumner, Trumbull, Wade, Williams, Wilson, and
Yates—30.
NAYS—Messrs. Buckalew, Cowan, Davis, Dixon, Doolittle,
Guthrie, Hendricks, Johnson, McDougall, Morgan, Nesmith,
Norton, Riddle, Saulsbury, Stewart, Stockton, Van Winkle,
and Willey—18.
ABSENT—Messrs. Foot and Wright—2.
The President pro tempore then announced, "On this question the yeas are thirty and the nays are eighteen. Two-thirds of the members present not having voted for the bill, it is not a law."
CHAPTER IX.
THE CIVIL RIGHTS BILL IN THE SENATE.
Duty of Congress consequent upon the Abolition of Slavery —
Civil Rights Bill introduced — Reference to Judiciary
Committee — Before the Senate — Speech by Mr. Trumbull —
Mr. Saulsbury — Mr. van Winkle — Mr. Cowan — Mr. Howard
— Mr. Johnson — Mr. Davis — Conversations with Mr.
Trumbull and Mr. Clark — Reply of Mr. Johnson — Remarks by
Mr. Morrill — Mr. Davis "wound up" — Mr. Guthrie's Speech
— Mr. Hendricks — Reply of Mr. Lane — Mr. Wilson — Mr.
Trumbull's closing remarks — Yeas and Nays on the passage
of the Bill.