The Papers and Writings of Abraham Lincoln — Volume 2: 1843-1858

by Abraham Lincoln

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 subject—in 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.