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 He asserted that by this act the Ordinance of '87, theretofore existing in Oregon, was repealed; that nearly all the members of Congress voted for it, beginning in the House of Representatives with Charles Allen of Massachusetts, and ending with Richard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.
In the course of his reply Senator Douglas remarked in substance that he had always considered this government was made for the white people and not for the negroes. Why, in point of mere fact, I think so too. But in this remark of the Judge there is a significance which I think is the key to the great mistake (if there is any such mistake) which he has made in this Nebraska measure. It shows that the Judge has no very vivid impression that the negro is human, and consequently has no idea that there can be any moral question in legislating about him. In his view the question of whether a new country shall be slave or free is a matter of as utter indifference as it is whether his neighbor shall plant his farm with tobacco or stock it with horned cattle.
Now, whether this view is right or wrong, it is very certain that the great mass of mankind take a totally different view. They consider slavery a great moral wrong, and their feeling against it is not evanescent, but eternal. It lies at the very foundation of their sense of justice, and it cannot be trifled with. It is a great and durable element of popular action, and I think no statesman can safely disregard it.
Our Senator also objects that those who oppose him in this matter do not entirely agree with one another. He reminds me that in my firm adherence to the constitutional rights of the slave States I differ widely from others who are cooperating with me in opposing the Nebraska Bill, and he says it is not quite fair to oppose him in this variety of ways. He should remember that he took us by surprise--astounded us by this measure. We were thunderstruck and stunned, and we reeled and fell in utter confusion. But we rose, each fighting, grasping whatever he could first reach--a scythe, a pitchfork, a chopping-ax, or a butcher's cleaver. We struck in the direction of the sound, and we were rapidly closing in upon him. He must not think to divert us from our purpose by showing us that our drill, our dress, and our weapons are not entirely perfect and uniform. When the storm shall be past he shall find us still Americans, no less devoted to the continued union and prosperity of the country than heretofore.
Finally, the Judge invokes against me the memory of Clay and Webster, They were great men, and men of great deeds. But where have I assailed them? For what is it that their lifelong enemy shall now make profit by assuming to defend them against me, their lifelong friend? I go against the repeal of the Missouri Compromise; did they ever go for it? They went for the Compromise of 1850; did I ever go against them? They were greatly devoted to the Union; to the small measure of my ability was I ever less so? Clay and Webster were dead before this question arose; by what authority shall our Senator say they would espouse his side of it if alive? Mr. Clay was the leading spirit in ****** the Missouri Compromise; is it very credible that if now alive he would take the lead in the breaking of it?