第 41 节
作者:翱翔1981      更新:2021-02-19 00:45      字数:9321
  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