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Abraham Lincoln (1809–1865). Political Debates Between Lincoln and Douglas. 1897.

Page 234

 
how is it possible for any power to exclude slavery from the Territory, unless in violation of that decision? That is the difficulty.  36
  In the Senate of the United States, in 1850, Judge Trumbull, in a speech, substantially, if not directly, put the same interrogatory to Judge Douglas, as to whether the people of a Territory had the lawful power to exclude slavery prior to the formation of a Constitution? Judge Douglas then answered at considerable length, and his answer will be found in the Congressional Globe, under date of June 9th, 1856. The Judge said that whether the people could exclude slavery prior to the formation of a Constitution or not was a question to be decided by the Supreme Court. He put that proposition, as will be seen by the Congressional Globe, in a variety of forms, all running to the same thing in substance,—that it was a question for the Supreme Court. I maintain that when he says, after the Supreme Court has decided the question, that the people may yet exclude slavery by any means whatever, he does virtually say, that it is not a question for the Supreme Court. He shifts his ground. I appeal to you whether he did not say it was a question for the Supreme Court? Has not the Supreme Court decided that question? When he now says the people may exclude slavery, does he not make it a question for the people? Does he not virtually shift his ground and say that it is not a question for the Court, but for the people? This is a very simple proposition,—a very plain and naked one. It seems to me that there is no difficulty in deciding it. In a variety of ways he said that it was a question for the Supreme Court. He did not stop then to tell us that whatever the Supreme Court decides, the people can by withholding necessary “police regulations” keep slavery out. He did not make any such answer. I submit to you now, whether the new state of the case has not induced the Judge to sheer away from his original ground. Would not this be the impression of every fair-minded man?  37
  I hold that the proposition that slavery cannot enter a new country without police regulations is historically false. It is not true at all. I hold that the history of this country shows that the institution of slavery was originally planted upon this continent without these “police regulations” which the Judge now