[126] At Freeport I answered several interrogatories that had been propounded to me by Judge Douglas at the Ottawa meeting. The Judge has yet not seen fit to find any fault with the position that I took in regard to those seven interrogatories, which were certainly broad enough, in all conscience, to cover the entire ground. In my answers, which have been printed, and all have had the opportunity of seeing, I take the ground that those who elect me must expect that I will do nothing which will not be in accordance with those answers. I have some right to assert that Judge Douglas has no fault to find with them. But he chooses to still try to thrust me upon different ground without paying any attention to my answers, the obtaining of which from me cost him so much trouble and concern. At the same time, I propounded four interrogatories to him, claiming it as a right that he should answer as many interrogatories for me as I did for him, and I would reserve myself for a future installment when I got them ready. The Judge in answering me upon that occasion, put in what I suppose he intends as answers to all four of my interrogatories. The first one of these interrogatories I have before me, and it is in these words :
Question 1. If the people of Kansas shall, by means entirely unobjectionable in all other respects, adopt a State Constitution, and ask admission into the Union under it, before they have the requisite number of inhabitants according to the English bill — some ninety-three thousand--will you vote to admit them?As I read the Judge's answer in the newspaper, and as I remember it as pronounced at the time, he does not give any answer which is equivalent to yes or no --I will or I wont. He answers at very considerable length, rather quarreling with me for asking the question, and insisting that Judge Trumbull had done something that I ought to say something about; and finally getting out such statements as induce me to infer that he means to be understood he will, in that supposed case, vote for the admission of Kansas. I only bring this forward now for the purpose of saying that if he chooses to put a different construction upon his answer he may do it. But if he does not, I shall from this time forward assume that he will vote for the admission of Kansas in disregard of the English bill. He has the right to remove any misunderstanding I may have. I only mention it now that I may hereafter assume this to be the true construction of his answer, if he does not now choose to correct me. The second interrogatory that I propounded to him, was this:
Question 2. Can the people of a United States Territory, in any lawful may, against the wish of any citizen of the United States, exclude slavery from its limits prior to the formation of a State Constitution?To this Judge Douglas answered that they can lawfully exclude slavery from the Territory prior to the formation of a Constitution. He goes on to tell us how it can be done. As I understand him, he holds that it can be done by the Territorial Legislature refusing to make any enactments for the protection of slavery in the Territory, and especially by adopting unfriendly legislation to it. For the sake of clearness I state it again ; that they can exclude slavery from the Territory, 1st, by withholding what he assumes to be an indispensable assistance to it in the way of legislation ; and, 2d, by unfriendly legislation. If I rightly understand him, I wish to ask your attention for a while to his position. In the first place, the Supreme Court of the United States has decided that any Congressional prohibition of slavery in the Territories is unconstitutional — that they have reached this proposition as a conclusion from their former proposition, that the Constitution of the United States expressly recognizes property in slaves, and from that other Constitutional provision, that no person shall be deprived of property without due process of law. Hence they reach the conclusion that as the Constitution of the United States expressly recognizes property in slaves, and prohibits any person from being deprived of property without due process of law, to pass an act of Congress by which a man who owned a slave on one side of a line would be deprived of him if he took him on the other side, is depriving him of that property without due process of law. That I understand to be the decision of the
