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the writings-2-第44章

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when this very bill was first brought in; it contained no repeal。

But; say they; because the people had demanded; or rather

commanded; the repeal; the repeal was to accompany the

organization whenever that should occur。



Now; I deny that the public ever demanded any such thingever

repudiated the Missouri Compromise; ever commanded its repeal。  I

deny it; and call for the proof。  It is not contended; I believe;

that any such command has ever been given in express terms。  It

is only said that it was done in principle。  The support of the

Wilmot Proviso is the first fact mentioned to prove that the

Missouri restriction was repudiated in principle; and the second

is the refusal to extend the Missouri line over the country

acquired from Mexico。  These are near enough alike to be treated

together。  The one was to exclude the chances of slavery from the

whole new acquisition by the lump; and the other was to reject a

division of it; by which one half was to be given up to those

chances。  Now; whether this was a repudiation of the Missouri

line in principle depends upon whether the Missouri law contained

any principle requiring the line to be extended over the country

acquired from Mexico。  I contend it did not。  I insist that it

contained no general principle; but that it was; in every sense;

specific。  That its terms limit it to the country purchased from

France is undenied and undeniable。  It could have no principle

beyond the intention of those who made it。  They did not intend

to extend the line to country which they did not own。  If they

intended to extend it in the event of acquiring additional

territory; why did they not say so?  It was just as easy to say

that 〃in all the country west of the Mississippi which we now

own; or may hereafter acquire; there shall never be slavery;〃 as

to say what they did say; and they would have said it if they had

meant it。  An intention to extend the law is not only not

mentioned in the law; but is not mentioned in any contemporaneous

history。  Both the law itself; and the history of the times; are

a blank as to any principle of extension; and by neither the

known rules of construing statutes and contracts; nor by common

sense; can any such principle be inferred。



Another fact showing the specific character of the Missouri law

showing that it intended no more than it expressed; showing that

the line was not intended as a universal dividing line between

Free and Slave territory; present and prospective; north of which

slavery could never gois the fact that by that very law

Missouri came in as a slave State; north of the line。  If that

law contained any prospective principle; the whole law must be

looked to in order to ascertain what the principle was。  And by

this rule the South could fairly contend that; inasmuch as they

got one slave State north of the line at the inception of the

law; they have the right to have another given them north of it

occasionally; now and then; in the indefinite westward extension

of the line。  This demonstrates the absurdity of attempting to

deduce a prospective principle from the Missouri Compromise line。



When we voted for the Wilmot Proviso we were voting to keep

slavery out of the whole Mexican acquisition; and little did we

think we were thereby voting to let it into Nebraska lying

several hundred miles distant。  When we voted against extending

the Missouri line; little did we think we were voting to destroy

the old line; then of near thirty years' standing。



To argue that we thus repudiated the Missouri Compromise is no

less absurd than it would be to argue that because we have so far

forborne to acquire Cuba; we have thereby; in principle;

repudiated our former acquisitions and determined to throw them

out of the Union。  No less absurd than it would be to say that

because I may have refused to build an addition to my house; I

thereby have decided to destroy the existing house! And if I

catch you setting fire to my house; you will turn upon me and say

I instructed you to do it!



The most conclusive argument; however; that while for the Wilmot

Proviso; and while voting against the extension of the Missouri

line; we never thought of disturbing the original Missouri

Compromise; is found in the fact that there was then; and still

is; an unorganized tract of fine country; nearly as large as the

State of Missouri; lying immediately west of Arkansas and south

of the Missouri Compromise line; and that we never attempted to

prohibit slavery as to it。  I wish particular attention to this。

It adjoins the original Missouri Compromise line by its northern

boundary; and consequently is part of the country into which by

implication slavery was permitted to go by that compromise。

There it has lain open ever s; and there it still lies; and yet

no effort has been made at any time to wrest it from the South。

In all our struggles to prohibit slavery within our Mexican

acquisitions; we never so much as lifted a finger to prohibit it

as to this tract。  Is not this entirely conclusive that at all

times we have held the Missouri Compromise as a sacred thing;

even when against ourselves as well as when for us?



Senator Douglas sometimes says the Missouri line itself was in

principle only an extension of the line of the Ordinance of '87

that is to say; an extension of the Ohio River。  I think this is

weak enough on its face。  I will remark; however; that; as a

glance at the map will show; the Missouri line is a long way

farther south than the Ohio; and that if our Senator in proposing

his extension had stuck to the principle of jogging southward;

perhaps it might not have been voted down so readily。



But next it is said that the compromises of '50; and the

ratification of them by both political parties in '52;

established a new principle which required the repeal of the

Missouri Compromise。  This again I deny。  I deny it; and demand

the proof。  I have already stated fully what the compromises of

'50 are。  That particular part of those measures from which the

virtual repeal of the Missouri Compromise is sought to be

inferred (for it is admitted they contain nothing about it in

express terms) is the provision in the Utah and New Mexico laws

which permits them when they seek admission into the Union as

States to come in with or without slavery; as they shall then see

fit。  Now I insist this provision was made for Utah and New

Mexico; and for no other place whatever。  It had no more direct

reference to Nebraska than it had to the territories of the moon。

But; say they; it had reference to Nebraska in principle。  Let us

see。  The North consented to this provision; not because they

considered it right in itself; but because they were compensated…

…paid for it。



They at the same time got California into the Union as a free

State。  This was far the best part of all they had struggled for

by the Wilmot Proviso。  They also got the area of slavery
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