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第46章

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be true that the principle of the Nebraska Bill was the cause

that led to the adoption of these measures。  It is now more than

fifty years since the last of these States adopted its system of

emancipation。



If the Nebraska Bill is the real author of the benevolent works;

it is rather deplorable that it has for so long a time ceased

working altogether。  Is there not some reason to suspect that it

was the principle of the Revolution; and not the principle of the

Nebraska Bill; that led to emancipation in these old States?

Leave it to the people of these old emancipating States; and I am

quite certain they will decide that neither that nor any other

good thing ever did or ever will come of the Nebraska Bill。



In the course of my main argument; Judge Douglas interrupted me

to say that the principle of the Nebraska Bill was very old; that

it originated when God made man; and placed good and evil before

him; allowing him to choose for himself; being responsible for

the choice he should make。  At the time I thought this was merely

playful; and I answered it accordingly。  But in his reply to me

he renewed it as a serious argument。  In seriousness; then; the

facts of this proposition are not true as stated。  God did not

place good and evil before man; telling him to make his choice。

On the contrary; he did tell him there was one tree of the fruit

of which he should not eat; upon pain of certain death。  I should

scarcely wish so strong a prohibition against slavery in

Nebraska。



But this argument strikes me as not a little remarkable in

another particularin its strong resemblance to the old argument

for the divine right of kings。〃 By the latter; the king is to do

just as he pleases with his white subjects; being responsible to

God alone。  By the former; the white man is to do just as he

pleases with his black slaves; being responsible to God alone。

The two things are precisely alike; and it is but natural that

they should find similar arguments to sustain them。



I had argued that the application of the principle of self…

government; as contended for; would require the revival of the

African slave trade; that no argument could be made in favor of a

man's right to take slaves to Nebraska which could not be equally

well made in favor of his right to bring them from the coast of

Africa。  The Judge replied that the Constitution requires the

suppression of the foreign slave trade; but does not require the

prohibition of slavery in the Territories。  That is a mistake in

point of fact。  The Constitution does not require the action of

Congress in either case; and it does authorize it in both。  And

so there is still no difference between the cases。



In regard to what I have said of the advantage the slave States

have over the free in the matter of representation; the Judge

replied that we in the free States count five free negroes as

five white people; while in the slave States they count five

slaves as three whites only; and that the advantage; at last; was

on the side of the free States。



Now; in the slave States they count free negroes just as we do;

and it so happens that; besides their slaves; they have as many

free negroes as we have; and thirty thousand over。  Thus; their

free negroes more than balance ours; and their advantage over us;

in consequence of their slaves; still remains as I stated it。



In reply to my argument that the compromise measures of 1850 were

a system of equivalents; and that the provisions of no one of

them could fairly be carried to other subjects without its

corresponding equivalent being carried with it; the Judge denied

outright that these measures had any connection with or

dependence upon each other。  This is mere desperation。  If they

had no connection; why are they always spoken of in connection?

Why has he so spoken of them a thousand times?  Why has he

constantly called them a series of measures?  Why does everybody

call them a compromise?  Why was California kept out of the Union

six or seven months; if it was not because of its connection with

the other measures?  Webster's leading definition of the verb 〃to

compromise〃 is 〃to adjust and settle a difference; by mutual

agreement; with concessions of claims by the parties。〃 This

conveys precisely the popular understanding of the word

〃compromise。



We knew; before the Judge told us; that these measures passed

separately; and in distinct bills; and that no two of them were

passed by the votes of precisely the same members。  But we also

know; and so does he know; that no one of them could have passed

both branches of Congress but for the understanding that the

others were to pass also。  Upon this understanding; each got

votes which it could have got in no other way。  It is this fact

which gives to the measures their true character; and it is the

universal knowledge of this fact that has given them the name of

〃compromises;〃 so expressive of that true character。



I had asked: 〃If; in carrying the Utah and New Mexico laws to

Nebraska; you could clear away other objection; how could you

leave Nebraska 'perfectly free' to introduce slavery before she

forms a constitution; during her territorial government; while

the Utah and New Mexico laws only authorize it when they form

constitutions and are admitted into the Union?〃  To this Judge

Douglas answered that the Utah and New Mexico laws also

authorized it before; and to prove this he read from one of their

laws; as follows: 〃That the legislative power of said Territory

shall extend to all rightful subjects of legislation; consistent

with the Constitution of the United States and the provisions of

this act。〃



Now it is perceived from the reading of this that there is

nothing express upon the subject; but that the authority is

sought to be implied merely for the general provision of 〃all


rightful subjects of legislation。〃 In reply to this I insist; as

a legal rule of construction; as well as the plain; popular view

of the matter; that the express provision for Utah and New Mexico

coming in with slavery; if they choose; when they shall form

constitutions; is an exclusion of all implied authority on the

same subject; that Congress having the subject distinctly in

their minds when they made the express provision; they therein

expressed their whole meaning on that subject。



The Judge rather insinuated that I had found it convenient to

forget the Washington territorial law passed in 1853。  This was a

division of Oregon; organizing the northern part as the Territory

of Washington。  He asserted that by this act the Ordinance of

'87; theretofore existing in Oregon; was repealed; that nearly

all the members of Congress voted for it; beginning in the House

of Representatives with Charles Allen of Massachusetts; and

ending with Richard Yates of Illinois; and that he could not

understand how those who now opposed the Nebraska Bill so voted

there; unless it was because it was then too soon after both the

great political parties had ratified the compromises of 1850; and

the ratification therefore was too fresh to be then repudiated。



Now I had seen the Washington act before; and I have carefully

examined it since; and I aver that there is no repeal of the

Ordinance of '87; or of any prohibition of slavery; in it。  In

express terms; there is absolutely nothing in the whole law upon

the subjectin fact; nothing to lead a reader to think of the

subject。  To my judgment it is equally free from everything from

which repeal can be legally implied; but; however this may be;

are men now to be entrapped by a legal implication; extracted

from covert language; introduced perhaps for the very purpose of

entrapping them?  I sincerely wish every man could read this law

quite through; carefully watching every sentence and every line

for a repeal of the Ordinance of '87; or anything equivalent to

it。



Another point on the Washington ac

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