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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 act: If it was intended to be
modeled after the Utah and New Mexico acts; as Judge Douglas
insists; why was it not inserted in it; as in them; that
Washington was to come in with or without slavery as she may
choose at the adoption of her constitution? It has no such
provision in it; and I defy the ingenuity of man to give a reason
for the omission; other than that it was not intended to follow
the Utah and New Mexico laws in regard to the question of
slavery。
The Washington act not only differs vitally from the Utah and New
Mexico acts; but the Nebraska act differs vitally from both。 By
the latter act the people are left 〃perfectly free〃 to regulate
their own domestic concerns; etc。; but in all the former; all
their laws are to be submitted to Congress; and if disapproved
are to be null。 The Washington act goes even further; it
absolutely prohibits the territorial Legislature; by very strong
and guarded language; from establishing banks or borrowing money