FREE BOOKS

Author's List




PREV.   NEXT  
|<   328   329   330   331   332   333   334   335   336   337   338   339   340   341   342   343   344   345   346   347   348   349   350   351   352  
353   354   355   356   357   358   359   360   361   362   363   364   365   366   367   368   369   370   371   372   373   374   375   376   377   >>   >|  
dge 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 He asserted that by this act the Ordinance of '87, theretofore existing in Oregon, was repealed; that nearly all the members of Congress voted for it, beginning in the House of Representatives with Charles Allen of Massachusetts, and ending with Richard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 absolutel
PREV.   NEXT  
|<   328   329   330   331   332   333   334   335   336   337   338   339   340   341   342   343   344   345   346   347   348   349   350   351   352  
353   354   355   356   357   358   359   360   361   362   363   364   365   366   367   368   369   370   371   372   373   374   375   376   377   >>   >|  



Top keywords:

Mexico

 

express

 
subject
 

Washington

 

slavery

 
Nebraska
 
provision
 
rightful
 

subjects

 

legislation


implied
 

Ordinance

 

Territory

 
authority
 
constitutions
 
compromises
 
Congress
 

territorial

 

Oregon

 
theretofore

existing

 

meaning

 

expressed

 

repealed

 

forget

 
division
 

northern

 

organizing

 

asserted

 

convenient


passed

 

insinuated

 
repudiated
 

ratification

 

political

 

parties

 

ratified

 
carefully
 

examined

 

prohibition


absolutel

 

repeal

 

ending

 

Richard

 

Illinois

 
Massachusetts
 
beginning
 

Representatives

 

Charles

 

understand