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

Page 299

 
be formed to be submitted to the people for adoption. It 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 on the United States, and upon the said State of Kansas, etc.
  4
  It has been contended by some of the newspaper press that this section did not require the constitution which should be formed to be submitted to the people for approval, and that it was only the land propositions which were to be submitted. You will observe the language is that the propositions are to be “ratified by the people at the election for the adoption of the constitution.” Would it have been possible to ratify the land propositions “at the election for the adoption of the constitution,” unless such an election was to be held?  5
  When one thing is required by a contract or law to be done, the doing of which is made dependent upon and cannot be performed without the doing of some other thing, is not that other thing just as much required by the contract or law as the first? It matters not in what part of the Act, nor in what phraseology the intention of the Legislature is expressed, so you can clearly ascertain what it is; and whenever that intention is ascertained from an examination of the language used, such intention is part of and a requirement of the law. Can any candid, fair-minded man read the section I have quoted, and say that the intention to have the constitution which should be formed submitted to the people for their adoption, is not clearly expressed? In my judgment there can be no controversy among honest men upon a proposition so plain as this. Mr. Douglas has never pretended to deny, so far as I am aware, that the Toombs amendment, as originally introduced, did require a submission of the constitution to the people. This amendment of Mr. Toombs was referred to the Committee of which Mr. Douglas was Chairman, and reported back by him on the 30th of June, with the words, “And ratified by the people at the election for the adoption of the constitution” stricken out. I have here a copy of the bill as reported back by Mr. Douglas, to substantiate the statement I