I wish to say at the beginning that I will hand to the reporters that portion of Judge Trumbull's Alton speech which was devoted to this matter, and also that portion of Judge Douglas's speech made at Jacksonville in answer to it. I shall thereby furnish the readers of this debate with the complete discussion between Trumbull and Douglas. I cannot now read them, for the reason that it would take half of my first hour to do so. I can only make some comments upon them. Trumbull's charge is in the following words:
"Now, the charge is, that there was a plot entered into to have a constitution formed for Kansas, and put in force, without giving the people an opportunity to vote upon it, and that Mr. Douglas was in the plot."
I will state, without quoting further, for all will have an opportunity of reading it hereafter, that Judge Trumbull brings forward what he regards as sufficient evidence to substantiate this charge.
It will be perceived Judge Trumbull shows that Senator Bigler, upon the floor of the Senate, had declared there had been a conference among the senators, in which conference it was determined to have an enabling act passed for the people of Kansas to form a constitution under, and in this conference it was agreed among them that it was best not to have a provision for submitting the constitution to a vote of the people after it should be formed. He then brings forward to show, and showing, as he deemed, that Judge Douglas reported the bill back to the Senate with that clause stricken out. He then shows that there was a new clause inserted into the bill, which would in its nature prevent a reference of the constitution back for a vote of 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.
