h the law silent upon the
subject; but it does not appear that they once had their enabling acts
framed with an express provision for submitting the constitution to be
framed to a vote of the people, then that they were stricken out when
Congress did not mean to alter the effect of the law. That there have been
bills which never had the provision in, I do not question; but when was
that provision taken out of one that it was in? More especially does the
evidence tend to prove the proposition that Trumbull advanced, when
we remember that the provision was stricken out of the bill almost
simultaneously with the time that Bigler says there was a conference among
certain senators, and in which it was agreed that a bill should be passed
leaving that out. Judge Douglas, in answering Trumbull, omits to attend to
the testimony of Bigler, that there was a meeting in which it was agreed
they should so frame the bill that there should be no submission of the
constitution to a vote of the people. The Judge does not notice this part
of it. If you take this as one piece of evidence, and then ascertain that
simultaneously Judge Douglas struck out a provision that did require it to
be submitted, and put the two together, I think it will make a pretty fair
show of proof that Judge Douglas did, as Trumbull says, enter into a plot
to put in force a constitution for Kansas, without giving the people any
opportunity of voting upon it.

But I must hurry on. The next proposition that Judge Douglas puts is this:

"But upon examination it turns out that the Toombs bill never did contain
a clause requiring the constitution to be submitted."

This is a mere question of fact, and can be determined by evidence. I only
want to ask this question: Why did not Judge Douglas say that these words
were not stricken out of the Toomb's bill, or this bill from which it is
alleged the provision was stricken out,--a bill which goes by the name of
Toomb's, because he originally brought it forward? I ask why, if the Judge
wanted to make a direct issue with Trumbull, did he not take the exact
proposition Trumbull made in his speech, and say it was not stricken out?
Trumbull has given the exact words that he says were in the Toomb's bill,
and he alleges that when the bill came back, they were stricken out. Judge
Douglas does not say that the words which Trumbull says were stricken
out were not so stricken out, but he says there was no provision in the
Toomb's bil