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but that he brought forward his original charge and the evidence to sustain it yet more fully, but precisely as he originally made it.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 not put it in, and not that he did n't take it out again. It is said that a bear is sometimes hard enough pushed to drop a cub; and so I presume it was in this case. I presume the truth is that Douglas put it in, and afterward took it out. That, I take it, is the truth about it. Judge Trumbull says one thing, Douglas says another thing, and the two don't contradict one another at all. The question is, what did he put it in for? In the first place, what did he take the other provision out of the bill for, the provision which Trumbull argued was necessary for submitting the constitution to a vote of the people? What did he take that out for; and, having taken it out, what did he put this in for? I say that in the run of things it is not unlikely forces conspire to render it vastly expedient for Judge Douglas to take that latter clause out again. The question that Trumbull has made is that Judge Douglas put it in; and he don't meet Trumbull at all unless he denies that.
In the clause of Judge Douglas's speech upon this subject he uses this language toward Judge Trumbull. He says:
"He forges his evidence from beginning to end; and by falsifying the record, he endeavors to bolster up his false charge."
Well, that is a pretty serious statement Trumbull forges his evidence from beginning to end. Now, upon my own authority I say that it is not true. What is a forgery? Consider the evidence that Trumbull has brought forward. When you come to read the speech, as you will be able to, examine whether the evidence is a forgery from beginning to end. He had the bill or document in his hand like that [holding up a paper]. He says that is a copy of the Toomb's bill, the amendment offered by Toomb's. He says that is a copy of the bill as it was introduced and went into Judge Douglas's hands. Now, does Judge Douglas say that is a forgery? That is one thing Trumbull brought forward. Judge Douglas says he forged it from beginning to end! That is the "beginning," we will say. Does Douglas say that is a forgery? Let him say it to-day, and we will have a subsequent examination upon this subject. Trumbull then holds up another document like this, and says that is an exact copy of the bill as it came back in the amended form out of Judge Douglas's hands. Does Judge Douglas say that is a forgery? Does he say it in his general sweeping charge? Does he say so now? If he does not, then take this Toomb's bill and the bill in the amended form, and it only needs to compare them to see that the provision is in the one and not in the other; it leaves the inference inevitable that it was taken out.
But, while I am dealing with this question, let us see what Trumbull's other evidence is. One other piece of evidence I will read. Trumbull says there are in this original Toomb's bill these words:
"That the following propositions be and the same are hereby offered to the said Convention of the people of Kansas, when formed, for their free acceptance or rejection; which, if accepted by the Convention and ratified by the people at the election for the adoption of the constitution, shall be obligatory upon the United States and the said State of Kansas."
Now, if it is said that this is a forgery, we will open the paper here and see whether it is or not. Again, Trumbull says, as he goes along, that Mr. Bigler made the following statement in his place in the Senate, December 9, 1857:
"I was present when that subject was discussed by senators before the bill was introduced, and the question was raised and discussed, whether the constitution, when formed, should be submitted to a vote of the people. It was held by those most intelligent on the subject that, in view of all the difficulties surrounding that Territory, the danger of any experiment at that time of a popular vote, it would be better there should be no such provision in the Toomb's bill; and it was my understanding, in all the intercourse I had, that the Convention would make a constitution, and send it here, without submitting it to the popular vote."
Then Trumbull follows on:
"In speaking of this meeting again on the 21st December, 1857 [Congressional Globe, same vol., page 113], Senator Bigler said:
"'Nothing was further from my mind than to allude to any social or confidential interview. The meeting was not of that character. Indeed, it was semi-official, and called to promote the public good. My recollection was clear that I left the conference under the impression that it had been deemed best to adopt measures to admit Kansas as a State through the agency of one popular election, and that for delegates to this Convention. This impression was stronger because I thought the spirit of the bill infringed upon the doctrine of non-intervention, to which I had great aversion; but with the hope of accomplishing a great good, and as no movement had been made in that direction in the Territory, I waived this objection, and concluded to support the measure. I have a few items of testimony as to the correctness of these impressions, and with their submission I shall be content. I have before me the bill reported by the senator from Illinois on the 7th of March, 1856, providing for the admission of Kansas as a State, the third section of which reads as follows:
Now, if it is said that this is a forgery, we will open the paper here and see whether it is or not. Again, Trumbull says, as he goes along, that Mr. Bigler made the following statement in his place in the Senate, December 9, 1857:
"I was present when that subject was discussed by senators before the bill was introduced, and the question was raised and discussed, whether the constitution, when formed, should be submitted to a vote of the people. It was held by those most intelligent on the subject that, in view of all the difficulties surrounding that Territory, the danger of any experiment at that time of a popular vote, it would be better there should be no such provision in the Toomb's bill; and it was my understanding, in all the intercourse I had, that the Convention would make a constitution, and send it here, without submitting it to the popular vote."
Then Trumbull follows on:
"In speaking of this meeting again on the 21st December, 1857 [Congressional Globe, same vol., page 113], Senator Bigler said:
"'Nothing was further from my mind than to allude to any social or confidential interview. The meeting was not of that character. Indeed, it was semi-official, and called to promote the public good. My recollection was clear that I left the conference under the impression that it had been deemed best to adopt measures to admit Kansas as a State through the agency of one popular election, and that for delegates to this Convention. This impression was stronger because I thought the spirit of the bill infringed upon the doctrine of non-intervention, to which I had great aversion; but with the hope of accomplishing a great good, and as no movement had been made in that direction in the Territory, I waived this objection, and concluded to support the measure. I have a few items of testimony as to the correctness of these impressions, and with their submission I shall be content. I have before me the bill reported by the senator from Illinois on the 7th of March, 1856, providing for the admission of Kansas as a State, the third section of which reads as follows:
"That the following propositions be, and the same are hereby offered to the said Convention of the people of Kansas, when formed, for their free acceptance or rejection; which, if accepted by the Convention and ratified by the people at the election for the adoption of the constitution, shall be obligatory upon the United States and the said State of Kansas."
The bill read in his place by the senator from Georgia on the 25th of June, and referred to the Committee on Territories, contained the same section word for word. Both these bills were under consideration at the conference referred to; but, sir, when the senator from Illinois reported the Toombs bill to the Senate with amendments, the next morning, it did not contain that portion of the third section which indicated to the Convention that the constitution should be approved by the people. The words "and ratified by the people at the election for the adoption of the constitution" had been stricken out.
Now, these things Trumbull says were stated by Bigler upon the floor of the Senate on certain days, and that they are recorded in the Congressional Globe on certain pages. Does Judge Douglas say this is a forgery? Does he say there is no such thing in the Congressional Globe? What does he mean when he says Judge Trumbull forges his evidence from beginning to end? So again he says in another place that Judge Douglas, in his speech, December 9, 1857 (Congressional Globe, part I., page 15), stated:
"That during the last session of Congress, I [Mr. Douglas] reported a bill from the Committee on Territories, to authorize the people of Kansas to assemble and form a constitution for themselves. Subsequently the senator from Georgia [Mr. Toombs] brought forward a substitute for my bill, which, after having been modified by him and myself in consultation, was passed by the Senate."
Now, Trumbull says this is a quotation from a speech of Douglas, and is recorded in the Congressional Globe. Is it a forgery? Is it there or not? It may not be there, but I want the Judge to take these pieces of evidence, and distinctly say they are forgeries if he dare do it.
[A voice: "He will."]
Well, sir, you had better not commit him. He gives other quotations, another from Judge Douglas. He says:
"I will ask the senator to show me an intimation, from any one member of the Senate, in the whole debate on the Toombs bill, and in the Union, from any quarter, that the constitution was not to be submitted to the people. I will venture to say that on all sides of the chamber it was so understood at the time. If the opponents of the bill had understood it was not, they would have made the point on it; and if they had made it, we should certainly have yielded to it, and put in the clause. That is a discovery made since the President found out that it was not safe to take it for granted that that would be done, which ought in fairness to have been done."
Judge Trumbull says Douglas made that speech, and it is recorded. Does Judge Douglas say it is a forgery, and was not true? Trumbull says somewhere, and I propose to skip it, but it will be found by any one who will read this debate, that he did distinctly bring it to the notice of those who were engineering the bill, that it lacked that provision; and then he goes on to give another quotation from Judge Douglas, where Judge Trumbull uses this language:
"Judge Douglas, however, on the same day and in the same debate, probably recollecting or being reminded of the fact that I had objected to the Toombs bill when pending that it did not provide for a submission of the constitution to the people, made another statement, which is to be found in the same volume of the Globe, page 22, in which he says: 'That the bill was silent on this subject was true, and my attention was called to that about the time it was passed; and I took the fair construction to be, that powers not delegated were reserved, and that of course the constitution would be submitted to the people.'
"Whether this statement is consistent with the statement just before made, that had the point been made it would have been yielded to, or that it was a new discovery, you will determine."
So I say. I do not know whether Judge Douglas will dispute this, and yet maintain his position that Trumbull's evidence "was forged from beginning to end." I will remark that I have not got these Congressional Globes with me. They are large books, and difficult to carry about, and if Judge Douglas shall say that on these points where Trumbull has quoted from them there are no such passages there, I shall not be able to prove they are there upon this occasion, but I will have another chance. Whenever he points out the forgery and says, "I declare that this particular thing which Trumbull has uttered is not to be found where he says it is," then my attention will be drawn to that, and I will arm myself for the contest, stating now that I have not the slightest doubt on earth that I will find every quotation just where Trumbull says it is. Then the question is, How can Douglas call that a forgery? How can he make out that it is a forgery? What is a forgery? It is the bringing forward something in writing or in print purporting to be of certain effect when it is altogether untrue. If you come forward with my note for one hundred dollars when I have never given such a note, there is a forgery. If you come forward with a letter purporting to be written by me which I never wrote, there is another forgery. If you produce anything in writing or in print saying it is so and so, the document not being genuine, a forgery has been committed. How do you make this forgery when every piece of the evidence is genuine? If Judge Douglas does say these documents and quotations are false and forged, he has a full right to do so; but until he does it specifically, we don't know how to get at him. If he does say they are false and forged, I will then look further into it, and presume I can procure the certificates of the proper officers that they are genuine copies. I have no doubt each of these extracts will be found exactly where Trumbull says it is. Then I leave it to you if Judge Douglas, in making his sweeping charge that Judge Trumbull's evidence is forged from beginning to end, at all meets the case, if that is the way to get at the facts. I repeat again, if he will point out which one is a forgery, I will carefully examine it, and if it proves that any one of them is really a forgery, it will not be me who will hold to it any longer. I have always wanted to deal with everyone I meet candidly and honestly. If I have made any assertion not warranted by facts, and it is pointed out to me, I will withdraw it cheerfully. But I do not choose to see Judge Trumbull calumniated, and the evidence he has brought forward branded in general terms "a forgery from beginning to end." This is not the legal way of meeting a charge, and I submit it to all intelligent persons, both friends of Judge Douglas and of myself, whether it is.