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the people;if; indeed; upon a mere silence in the law; it could be
assumed that they had the right to vote upon it。 These are the
general statements that he has made。
I propose to examine the points in Judge Douglas's speech in which he
attempts to answer that speech of Judge Trumbull's。 When you come to
examine Judge Douglas's speech; you will find that the first point he
makes is:
〃Suppose it were true that there was such a change in the bill; and
that I struck it out;is that a proof of a plot to force a
constitution upon them against their will?〃
His striking out such a provision; if there was such a one in the
bill; he argues; does not establish the proof that it was stricken
out for the purpose of robbing the people of that right。 I would
say; in the first place; that that would be a most manifest reason
for it。 It is true; as Judge Douglas states; that many Territorial
bills have passed without having such a provision in them。 I believe
it is true; though I am not certain; that in some instances
constitutions framed under such bills have been submitted to a vote
of the people with the law silent upon the subject; but it does not
appear that they once had their enabling acts framed with an express
provision for submitting the constitution to be framed to a vote of
the people; then that they were stricken out when Congress did not
mean to alter the effect of the law。 That there have been bills
which never had the provision in; I do not question; but when was
that provision taken out of one that it was in? More especially does
the evidence tend to prove the proposition that Trumbull advanced;
when we remember that the provision was stricken out of the bill
almost simultaneously with the time that Bigler says there was a
conference among certain senators; and in which it was agreed that a
bill should be passed leaving that out。 Judge Douglas; in answering
Trumbull; omits to attend to the testimony of Bigler; that there was
a meeting in which it was agreed they should so frame the bill that
there should be no submission of the constitution to a vote of the
people。 The Judge does not notice this part of it。 If you take this
as one piece of evidence; and then ascertain that simultaneously
Judge Douglas struck out a provision that did require it to be
submitted; and put the two together; I think it will make a pretty
fair show of proof that Judge Douglas did; as Trumbull says; enter
into a plot to put in force a constitution for Kansas; without giving
the people any opportunity of voting upon it。
But I must hurry on。 The next proposition that Judge Douglas puts is
this:
〃But upon examination it turns out that the Toombs bill never did
contain a clause requiring the constitution to be submitted。〃
This is a mere question of fact; and can be determined by evidence。
I only want to ask this question: Why did not Judge Douglas say that
these words were not stricken out of the Toomb's bill; or this bill
from which it is alleged the provision was stricken out;a bill
which goes by the name of Toomb's; because he originally brought it
forward? I ask why; if the Judge wanted to make a direct issue with
Trumbull; did he not take the exact proposition Trumbull made in his
speech; and say it was not stricken out? Trumbull has given the
exact words that he says were in the Toomb's bill; and he alleges
that when the bill came back; they were stricken out。 Judge Douglas
does not say that the words which Trumbull says were stricken out
were not so stricken out; but he says there was no provision in the
Toomb's bill to submit the constitution to a vote of the people。 We
see at once that he is merely making an issue upon the meaning of the
words。 He has not undertaken to say that Trumbull tells a lie about
these words being stricken out; but he is really; when pushed up to
it; only taking an issue upon the meaning of the words。 Now; then;
if there be any issue upon the meaning of the words; or if there be
upon the question of fact as to whether these words were stricken
out; I have before me what I suppose to be a genuine copy of the
Toomb's bill; in which it can be shown that the words Trumbull says
were in it were; in fact; originally there。 If there be any dispute
upon the fact; I have got the documents here to show they were there。
If there be any controversy upon the sense of the words;whether
these words which were stricken out really constituted a provision
for submitting the matter to a vote of the people;as that is a
matter of argument; I think I may as well use Trumbull's own
argument。 He says that the proposition is in these words:
〃That the following propositions be and the same are hereby offered
to the said Convention of the people of Kansas when formed; for their
free acceptance or rejection; which; if accepted by the Convention
and ratified by the people at the election for the adoption of the
constitution; shall be obligatory upon the United States and the said
State of Kansas。〃
Now; Trumbull alleges that these last words were stricken out of the
bill when it came back; and he says this was a provision for
submitting the constitution to a vote of the people; and his argument
is this:
〃Would it have been possible to ratify the land propositions at the
election for the adoption of the constitution; unless such an
election was to be held?〃
This is Trumbull's argument。 Now; Judge Douglas does not meet the
charge at all; but he stands up and says there was no such
proposition in that bill for submitting the constitution to be framed
to a vote of the people。 Trumbull admits that the language is not a
direct provision for submitting it; but it is a provision necessarily
implied from another provision。 He asks you how it is possible to
ratify the land proposition at the election for the adoption of the
constitution; if there was no election to be held for the adoption of
the constitution。 And he goes on to show that it is not any less a
law because the provision is put in that indirect shape than it would
be if it were put directly。 But I presume I have said enough to draw
attention to this point; and I pass it by also。
Another one of the points that Judge Douglas makes upon Trumbull; and
at very great length; is; that Trumbull; while the bill was pending;
said in a speech in the Senate that he supposed the constitution to
be made would have to be submitted to the people。 He asks; if
Trumbull thought so then; what ground is there for anybody thinking
otherwise now? Fellow…citizens; this much may be said in reply: That
bill had been in the hands of a party to which Trumbull did not
belong。 It had been in the hands of the committee at the head of
which Judge Douglas stood。 Trumbull perhaps had a printed copy of
the original Toomb's bill。 I have not the evidence on that point
except a sort of inference I draw from the general course of business
there。 What alterations; or what provisions in the way of altering;
were going on in committee; Trumbull had no means of knowing; until
the altered bill was reported back。 Soon afterwards; when it was
reported back; there was a discussion over it; and perhaps Trumbull
in reading it hastily in the altered form did not perceive all the
bearings of the alterations。 He was hastily borne into the debate;
and it does not follow that because there was something in it
Trumbull did not perceive; that something did not exist。 More than
this; is it true that what Trumbull did can have any effect on what
Douglas did? Suppose Trumbull had been in the plot with these other
men; would that let Douglas out of it? Would it exonerate Douglas
that Trumbull did n't then perceive he was in the plot? He also asks
the question: Why did n't Trumbull propose to amend the bill; if he
thought it needed any amendment? Why; I believe that everything
Judge Trumbull had proposed; particularly in con