NAYS—Messrs. Ancona, Bergen, Bingham, Boyer, Brooks,
Coffroth, Dawson, Denison, Glossbrenner, Goodyear, Grider,
Aaron Harding, Harris, Hogan, Edwin N. Hubbell, Jones, Kerr,
Latham, Le Blond, Marshall, McCullough, Nicholson, Phelps,
Radford, Samuel J. Randall, William H. Randall, Ritter,
Rogers, Ross, Rosseau, Shanklin, Sitgreaves, Smith, Taber,
Taylor, Thornton, Trimble, and Winfield—38.
NOT VOTING—Messrs. Delos R. Ashley, Barker, Benjamin,
Brandegee, Chanler, Reader W. Clarke, Culver, Defrees,
Eckley, Eggleston, Eldridge, Finck, Griswold, Hale,
Henderson, Hotchkiss, James R. Hubbell, James M. Humphrey,
Johnson, Kasson, McIndoe, McKee, Niblack, Noell, Patterson,
Pomeroy, Raymond, John H. Rice, Rollins, Stilwell, Strouse,
Robert T. Van Horn, Henry D. Washburn, and Wright—34.
It is an illustration of the opinion which the minority entertained of the bill to the last, that after it had finally passed, and the previous question had been moved on the adoption of the title, Mr. Le Blond moved to amend the title of the bill by making it read, "A bill to abrogate the rights and break down the judicial system of the States."
On the 15th of March the amendments made by the House came before the Senate for adoption in that body. While these were under consideration by the Senate, Mr. Davis, of Kentucky, made two motions to amend, which were rejected. He then moved to lay the bill on the table, and was proceeding to make a speech, when he was informed that his motion was not debatable. He then withdrew his motion to lay on the table, and moved to postpone the bill until the first Monday of December following. Finding that the last amendment proposed by the House of Representatives was before the Senate, and that his motion could not be entertained, he proceeded to make a speech on the question before the Senate. He asserted that "Congress has no authority or jurisdiction whatever" over the subject of legislation which the bill contains. He closed his remarks with the following words: "I therefore, on the grounds that I have stated, oppose this bill. I know that they weigh nothing with the dominant power here. What care I for that? What care I for the manner in which my suggestions may be received by the majority? Nothing—less than nothing, if possible. I am performing my duty according to my sense of that duty; and in despite of all opposition, of frowns or scoffs, or of any other opposition, come in what form it may, I will stand up to the last hour of my service in this chamber, and will, endeavor, as best I can, to perform my duty whatever may betide me."
The amendments of the House were agreed to, and the CIVIL RIGHTS BILL wanted only Executive approval to become a law of the land.
CHAPTER XI.
THE CIVIL RIGHTS BILL, AND THE VETO.
Doubts as to the President's Decision — Suspense ended —
The Veto Message — Mr. Trumbull's Answer — Mr. Reverdy
Johnson defends the Message — Rejoinder — Remarks of Mr.
Yates — Mr. Cowan appeals to the Country — Mr. Stewart
shows how States may make the Law a Nullity — Mr. Wade —
Mr. McDougall on Persian Mythology — Mr. J. H. Lane defends
the President — Mr. Wade — The President's Collar — Mr.
Brown — Mr. Doolittle — Mr. Garrett Davis — Mr. Saulsbury
— Yeas and Nays in the Senate — Vote in the House — The
Civil Rights Bill becomes a Law.
The Civil Rights Bill having finally passed through Congress, on the 15th of March, by the concurrence of the Senate in the amendments of the House, was submitted to the President for his approval. Much anxiety was felt throughout the country to know what would be the fate of the bill at the hands of the Executive. Some thought it incredible that a President of the United States would veto so plain a declaration of rights, essential to the very existence of a large class of inhabitants. Others were confident that Mr. Johnson's approval would not be given to a bill interfering, as they thought, so flagrantly with the rights of the States under the Constitution.
All doubts were dispelled, on the 27th of March, by the appearance of the President's Secretary on the floor of the Senate, who said, in formal phrase: "Mr. President, I am directed by the President of the United States to return to the Senate, in which house it originated, the bill entitled 'An act to protect all persons in the United States in their civil rights, and to furnish the means of their vindication,' with his objections thereto in writing."