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the writings-4-第3部分

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constitution; if there was no election to be held for the adoption of

the constitution。  And he goes on to show that it is not any less a

law because the provision is put in that indirect shape than it would

be if it were put directly。  But I presume I have said enough to draw

attention to this point; and I pass it by also。



Another one of the points that Judge Douglas makes upon Trumbull; and

at very great length; is; that Trumbull; while the bill was pending;

said in a speech in the Senate that he supposed the constitution to

be made would have to be submitted to the people。  He asks; if

Trumbull thought so then; what ground is there for anybody thinking

otherwise now?  Fellow…citizens; this much may be said in reply: That

bill had been in the hands of a party to which Trumbull did not

belong。  It had been in the hands of the committee at the head of

which Judge Douglas stood。  Trumbull perhaps had a printed copy of

the original Toomb's bill。  I have not the evidence on that point

except a sort of inference I draw from the general course of business

there。  What alterations; or what provisions in the way of altering;

were going on in committee; Trumbull had no means of knowing; until

the altered bill was reported back。  Soon afterwards; when it was

reported back; there was a discussion over it; and perhaps Trumbull

in reading it hastily in the altered form did not perceive all the

bearings of the alterations。  He was hastily borne into the debate;

and it does not follow that because there was something in it

Trumbull did not perceive; that something did not exist。  More than

this; is it true that what Trumbull did can have any effect on what

Douglas did?  Suppose Trumbull had been in the plot with these other

men; would that let Douglas out of it?   Would it exonerate Douglas

that Trumbull did n't then perceive he was in the plot?  He also asks

the question: Why did n't Trumbull propose to amend the bill; if he

thought it needed any amendment?  Why; I believe that everything

Judge Trumbull had proposed; particularly in connection with this

question of Kansas and Nebraska; since he had been on the floor of

the Senate; had been promptly voted down by Judge Douglas and his

friends。  He had no promise that an amendment offered by him to

anything on this subject would receive the slightest consideration。

Judge Trumbull did bring to the notice of the Senate at that time the

fact that there was no provision for submitting the constitution

about to be made for the people of Kansas to a vote of the people。  I

believe I may venture to say that Judge Douglas made some reply to

this speech of Judge Trumbull's; but he never noticed that part of it

at all。  And so the thing passed by。  I think; then; the fact that

Judge Trumbull offered no amendment does not throw much blame upon

him; and if it did; it does not reach the question of fact as to what

Judge Douglas was doing。  I repeat; that if Trumbull had himself been

in the plot; it would not at all relieve the others who were in it

from blame。  If I should be indicted for murder; and upon the trial

it should be discovered that I had been implicated in that murder;

but that the prosecuting witness was guilty too; that would not at

all touch the question of my crime。  It would be no relief to my neck

that they discovered this other man who charged the crime upon me to

be guilty too。



Another one of the points Judge Douglas makes upon Judge Trumbull is;

that when he spoke in Chicago he made his charge to rest upon the

fact that the bill had the provision in it for submitting the

constitution to a vote of the people when it went into his Judge

Douglas's) hands; that it was missing when he reported it to the

Senate; and that in a public speech he had subsequently said the

alterations in the bill were made while it was in committee; and that

they were made in consultation between him (Judge Douglas) and

Toomb's。  And Judge Douglas goes on to comment upon the fact of

Trumbull's adducing in his Alton speech the proposition that the bill

not only came back with that proposition stricken out; but with

another clause and another provision in it; saying that 〃until the

complete execution of this Act there shall be no election in said

Territory;〃which; Trumbull argued; was not only taking the

provision for submitting to a vote of the people out of the bill; but

was adding an affirmative one; in that it prevented the people from

exercising the right under a bill that was merely silent on the

question。  Now; in regard to what he says; that Trumbull shifts the

issue; that he shifts his ground;and I believe he uses the term

that; 〃it being proven false; he has changed ground;〃 I call upon all

of you; when you come to examine that portion of Trumbull's speech

(for it will make a part of mine); to examine whether Trumbull has

shifted his ground or not。  I say he did not shift his ground; but

that he brought forward his original charge and the evidence to

sustain it yet more fully;

but precisely as he originally made it。  Then; in addition thereto;

he brought in a new piece of evidence。  He shifted no ground。  He

brought no new piece of evidence inconsistent with his former

testimony; but he brought a new piece; tending; as he thought; and as

I think; to prove his proposition。  To illustrate: A man brings an

accusation against another; and on trial the man making the charge

introduces A and B to prove the accusation。  At a second trial he

introduces the same witnesses; who tell the same story as before; and

a third witness; who tells the same thing; and in addition gives

further testimony corroborative of the charge。  So with Trumbull。

There was no shifting of ground; nor inconsistency of testimony

between the new piece of evidence and what he originally introduced。



But Judge Douglas says that he himself moved to strike out that last

provision of the bill; and that on his motion it was stricken out and

a substitute inserted。  That I presume is the truth。  I presume it is

true that that last proposition was stricken out by Judge Douglas。

Trumbull has not said it was not; Trumbull has himself said that it

was so stricken out。  He says: 〃I am now speaking of the bill as

Judge Douglas reported it back。  It was amended somewhat in the

Senate before it passed; but I am speaking of it as he brought it

back。〃  Now; when Judge Douglas parades the fact that the provision

was stricken out of the bill when it came back; he asserts nothing

contrary to what Trumbull alleges。  Trumbull has only said that he

originally put it in; not that he did not strike it out。  Trumbull

says it was not in the bill when it went to the committee。  When it

came back it was in; and Judge Douglas said the alterations were made

by him in consultation with Toomb's。  Trumbull alleges; therefore; as

his conclusion; that Judge Douglas put it in。  Then; if Douglas wants

to contradict Trumbull and call him a liar; let him say he did 
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