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the writings-2-第53章

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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

on the faith of the Territory。  Is this the sacred right of self…

government we hear vaunted so much?  No; sir; the Nebraska Bill

finds no model in the acts of '50 or the Washington act。  It

finds no model in any law from Adam till to…day。  As Phillips

says of Napoleon; the Nebraska act is grand; gloomy and peculiar;

wrapped in the solitude of its own originality; without a model

and without a shadow upon the earth。



In the course of his reply Senator Douglas remarked in substance

that he had always considered this government was made for the

white people and not for the negroes。  Why; in point of mere

fact; I think so too。  But in this remark of the Judge there is a

significance which I think is the key to the great mistake (if

there is any such mistake) which he has made in this Nebraska

measure。  It shows that the Judge has no very vivid impression

that the negro is human; and consequently has no idea that there

can be any moral question in legislating about him。  In his view

the question of whether a new country shall be slave or free is a

matter of as utter indifference as it is whether his neighbor

shall plant his farm with tobacco or stock it with horned cattle。

Now; whether this view is right or wrong; it is very certain that

the great mass of mankind take a totally different view。  They

consider slavery a great moral wrong; and their feeling against

it is not evanescent; but eternal。  It lies at the very

foundation of their sense of justice; and it cannot be trifled

with。  It is a great and durable element of popular action; and I

think no statesman can safely disregard it。



Our Senator also objects that those who oppose him in this matter

do not entirely agree with one another。  He reminds me that in my

firm adherence to the constitutional rights of the slave States I

differ widely from others who are cooperating with me in opposing

the Nebraska Bill; and he says
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