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Fellow-Citizens of the United States:
In compliance with a custom as old as the Government itself, I appear
before you to address you briefly and to take in your presence the
oath prescribed by the Constitution of the United States to be taken
by the President before he enters on the execution of this office."
I do not consider it necessary at present for me to discuss those
matters of administration about which there is no special anxiety or
excitement.
Apprehension seems to exist among the people of the Southern States
that by the accession of a Republican Administration their property
and their peace and personal security are to be endangered. There has
never been any reasonable cause for such apprehension. Indeed, the
most ample evidence to the contrary has all the while existed and been
open to their inspection. It is found in nearly all the published
speeches of him who now addresses you. I do but quote from one of
those speeches when I declare that I have no purpose, directly
or indirectly, to interfere with the institution of slavery in the
States where it exists. I believe I have no lawful right to do so, and
I have no inclination to do so. Those who nominated and elected me did
so with full knowledge that I had made this and many similar
declarations and had never recanted them; and more than this, they
placed in the platform for my acceptance, and as a law to themselves
and to me, the clear and emphatic resolution which I now read:
Resolved, That the maintenance inviolate of the rights of the States,
and especially the right of each State to order and control its own
domestic institutions according to its own judgment exclusively, is
essential to that balance of power on which the perfection and
endurance of our political fabric depend; and we denounce the lawless
invasion by armed force of the soil of any State or Territory, no
matter what pretext, as among the gravest of crimes.
I now reiterate these sentiments, and in doing so I only press upon
the public attention the most conclusive evidence of which the case is
susceptible that the property, peace, and security of no section are
to be in any wise endangered by the now incoming Administration. I
add, too, that all the protection which, consistently with the
Constitution and the laws, can be given will be cheerfully given to
all the States when lawfully demanded, for whatever cause as
cheerfully to one section as to another.
There is much controversy about the delivering up of fugitives from
service or labor. The clause I now read is as plainly written in the
Constitution as any other of its provisions:
No person held to service or labor in one State, under the laws
thereof, escaping into another, shall in consequence of any law or
regulation therein be discharged from such service or labor, but shall
be delivered up on claim of the party to whom such service or labor
may be due.
It is scarcely questioned that this provision was intended by those
who made it for the reclaiming of what we call fugitive slaves; and
the intention of the lawgiver is the law. All members of Congress
swear their support to the whole Constitution to this provision
as much as to any other. To the proposition, then, that slaves whose
cases come within the terms of this clause "shall be delivered up"
their oaths are unanimous. Now, if they would make the effort in good
temper, could they not with nearly equal unanimity frame and pass a
law by means of which to keep good that unanimous oath? There is some
difference of opinion whether this clause should be enforced by
national or by State authority, but surely that difference is not a
very material one. If the slave is to be surrendered, it can be of but
little consequence to him or to others by which authority it is done.
And should anyone in any case be content that his oath shall go unkept
on a merely unsubstantial controversy as to how it shall be kept?
Again: In any law upon this subject, ought not all the safeguards of
liberty known in civilized and humane jurisprudence to be introduced,
so that a free man be not in any case surrendered as a slave? And
might it not be well at the same time to provide by law for the
enforcement of that clause in the Constitution which guarantees that "the
citizens of each State shall be entitled to all privileges and
immunities of citizens in the several States"?
I take the official oath to-day with no mental reservations and with
no purpose to construe the Constitution or laws by any hypercritical
rules; and while I do not choose now to specify particular acts of
Congress as proper to be enforced, I do suggest that it will be much
safer for all, both in official and private stations, to conform to
and abide by all those acts which stand unrepealed than to violate any
of them trusting to find impunity in having them held to be
unconstitutional.
It is seventy-two years since the first inauguration of a President
under our National Constitution. During that period fifteen different
and greatly distinguished citizens have in succession administered the
executive branch of the Government. They have conducted it through
many perils, and generally with great success.
Yet, with all this scope of precedent, I now enter upon the same task
for the brief constitutional term of four years under great and
peculiar difficulty. A disruption of the Federal Union, heretofore
only menaced, is now formidably attempted. I hold that in
contemplation of universal law and of the Constitution the Union of
these States is perpetual. Perpetuity is implied, if not expressed, in
the fundamental law of all national governments. It is safe to assert
that no government proper ever had a provision in its organic law for
its own termination. Continue to execute all the express provisions of
our National Constitution, and the Union will endure forever, it being
impossible to destroy it except by some action not provided for in the
instrument itself.
Again: If the United States be not a government proper, but an
association of States in the nature of contract merely, can it, as a
contract, be peaceably unmade by less than all the parties who made
it? One party to a contract may violate it break it, so to
speak but does it not require all to lawfully rescind it?
Descending from these general principles, we find the proposition
that in legal contemplation the Union is perpetual confirmed by the
history of the Union itself. The Union is much older than the
Constitution. It was formed, in fact, by the Articles of Association
in 1774. It was matured and continued by the Declaration of
Independence in 1776. It was further matured, and the faith of all the
then thirteen States expressly plighted and engaged that it should be
perpetual, by the Articles of Confederation in 1778. And finally, in
1787, one of the declared objects for ordaining and establishing the
Constitution was "to form a more perfect Union." But if
destruction of the Union by one or by a part only of the States be
lawfully possible, the Union is less perfect than before the
Constitution, having lost the vital element of perpetuity.
It follows from these views that no State upon its own mere motion
can lawfully get out of the Union; that resolves and ordinances to
that effect are legally void, and that acts of violence within any
State or States against the authority of the United States are
insurrectionary or revolutionary, according to circumstances. I
therefore consider that in view of the Constitution and the laws the
Union is unbroken, and to the extent of my ability, I shall take care,
as the Constitution itself expressly enjoins upon me, that the laws of
the Union be faithfully executed in all the States. Doing this I deem
to be only a simple duty on my part, and I shall perform it so far as
practicable unless my rightful masters, the American people, shall
withhold the requisite means or in some authoritative manner direct
the contrary.
I trust this will not be regarded as a menace, but only as the
declared purpose of the Union that it will constitutionally defend and
maintain itself. In doing this there needs to be no bloodshed or
violence, and there shall be none unless it be forced upon the
national authority. The power confided to me will be used to hold,
occupy, and possess the property and places belonging to the
Government and to collect the duties and imposts; but beyond what may
be necessary for these objects, there will be no invasion, no using of
force against or among the people anywhere. Where hostility to the
United States in any interior locality shall be so great and universal
as to prevent competent resident citizens from holding the Federal
offices, there will be no attempt to force obnoxious strangers among
the people for that object. While the strict legal right may exist in
the Government to enforce the exercise of these offices, the attempt
to do so would be so irritating and so nearly impracticable withal
that I deem it better to forego for the time the uses of such offices.
The mails, unless repelled, will continue to be furnished in all parts
of the Union. So far as possible the people everywhere shall have that
sense of perfect security which is most favorable to calm thought and
reflection. The course here indicated will be followed unless current
events and experience shall show a modification or change to be
proper, and in every case and exigency my best discretion will be
exercised, according to circumstances actually existing and with a
view and a hope of a peaceful solution of the national troubles and
the restoration of fraternal sympathies and affections.
That there are persons in one section or another who seek to destroy
the Union at all events and are glad of any pretext to do it I will
neither affirm nor deny; but if there be such, I need address no word
to them. To those, however, who really love the Union may I not speak?
Before entering upon so grave a matter as the destruction of our
national fabric, with all its benefits, its memories, and its hopes,
would it not be wise to ascertain precisely why we do it? Will you
hazard so desperate a step while there is any possibility that any
portion of the ills you fly from have no real existence? Will you,
while the certain ills you fly to are greater than all the real ones
you fly from, will you risk the commission of so fearful a mistake?
All profess to be content in the Union if all constitutional rights
can be maintained. Is it true, then, that any right plainly written in
the Constitution has been denied? I think not. Happily, the human
mind is so constituted that no party can reach to the audacity of
doing this. Think, if you can, of a single instance in which a plainly
written provision of the Constitution has ever been denied. If by the
mere force of numbers a majority should deprive a minority of any
clearly written constitutional right, it might in a moral point of
view justify revolution; certainly would if such right were a vital
one. But such is not our case. All the vital rights of minorities and
of individuals are so plainly assured to them by affirmations and
negations, guaranties and prohibitions, in the Constitution that
controversies never arise concerning them.
But no organic law can ever be framed with a provision specifically
applicable to every question which may occur in practical
administration. No foresight can anticipate nor any document of
reasonable length contain express provisions for all possible
questions. Shall fugitives from labor be surrendered by national or by
State authority? The Constitution does not expressly say. May Congress
prohibit slavery in the Territories? The Constitution does not
expressly say. Must Congress protect slavery in the Territories? The
Constitution does not expressly say. From questions of this class
spring all our constitutional controversies, and we divide upon them
into majorities and minorities. If the minority will not acquiesce,
the majority must, or the Government must cease. There is no other
alternative, for continuing the Government is acquiescence on one side
or the other.
If a minority in such case will secede rather than acquiesce, they
make a precedent which in turn will divide and ruin them, for a
minority of their own will secede from them whenever a majority
refuses to be controlled by such minority. For instance, why may not
any portion of a new confederacy a year or two hence arbitrarily
secede again, precisely as portions of the present Union now claim to
secede from it? All who cherish disunion sentiments are now being
educated to the exact temper of doing this. Is there such perfect
identity of interests among the States to compose a new union as to
produce harmony only and prevent renewed secession? Plainly the
central idea of secession is the essence of anarchy.
A majority held in restraint by constitutional checks and
limitations, and always changing easily with deliberate changes of
popular opinions and sentiments, is the only true sovereign of a free
people. Whoever rejects it does of necessity fly to anarchy or to
despotism. Unanimity is impossible. The rule of a minority, as a
permanent arrangement, is wholly inadmissible; so that, rejecting the
majority principle, anarchy or despotism in some form is all that is
left.
I do not forget the position assumed by some that constitutional
questions are to be decided by the Supreme Court, nor do I deny that
such decisions must be binding in any case upon the parties to a suit
as to the object of that suit, while they are also entitled to very
high respect and consideration in all parallel cases by all other
departments of the Government. And while it is obviously possible that
such decision may be erroneous in any given case, still the evil
effect following it, being limited to that particular case, with the
chance that it may be overruled and never become a precedent for other
cases, can better be borne than could the evils of a different
practice.
At the same time, the candid citizen must confess that if the policy
of the Government upon vital questions affecting the whole people is
to be irrevocably fixed by decisions of the Supreme Court, the instant
they are made in ordinary litigation between parties in personal
actions the people will have ceased to be their own rulers, having to
that extent practically resigned their Government into the hands of
that eminent tribunal. Nor is there in this view any assault upon the
court or the judges. It is a duty from which they may not shrink to
decide cases properly brought before them, and it is no fault of
theirs if others seek to turn their decisions to political purposes.
One section of our country believes slavery is right and ought to be
extended, while the other believes it is wrong and ought not to be
extended. This is the only substantial dispute. The fugitive-slave
clause of the Constitution and the law for the suppression of the
foreign slave trade are each as well enforced, perhaps, as any law can
ever be in a community where the moral sense of the people imperfectly
supports the law itself. The great body of the people abide by the dry
legal obligation in both cases, and a few break over in each. This, I
think, can not be perfectly cured, and it would be worse in both cases
after the separation of the sections than before. The foreign slave
trade, now imperfectly suppressed, would be ultimately revived without
restriction in one section, while fugitive slaves, now only partially
surrendered, would not be surrendered at all by the other.
Physically speaking, we can not separate. We can not remove our
respective sections from each other nor build an impassable wall
between them. A husband and wife may be divorced and go out of the
presence and beyond the reach of each other, but the different parts
of our country can not do this. They can not but remain face to face,
and intercourse, either amicable or hostile, must continue between
them. Is it possible, then, to make that intercourse more advantageous
or more satisfactory after separation than before? Can aliens make
treaties easier than friends can make laws? Can treaties be more
faithfully enforced between aliens than laws can among friends?
Suppose you go to war, you can not fight always; and when, after much
loss on both sides and no gain on either, you cease fighting, the
identical old questions, as to terms of intercourse, are again upon
you.
This country, with its institutions, belongs to the people who
inhabit it. Whenever they shall grow weary of the existing Government,
they can exercise their constitutional right of amending it or their
revolutionary right to dismember or overthrow it. I cannot be ignorant
of the fact that many worthy and patriotic citizens are desirous of
having the National Constitution amended. While I make no
recommendation of amendments, I fully recognize the rightful authority
of the people over the whole subject, to be exercised in either of the
modes prescribed in the instrument itself; and I should, under
existing circumstances, favor rather than oppose a fair opportunity
being afforded the people to act upon it. I will venture to add that
to me the convention mode seems preferable, in that it allows
amendments to originate with the people themselves, instead of only
permitting them to take or reject propositions originated by others,
not especially chosen for the purpose, and which might not be
precisely such as they would wish to either accept or refuse.
I understand a proposed amendment to the Constitution which
amendment, however, I have not seen has passed Congress, to the
effect that the Federal Government shall never interfere with the
domestic institutions of the States, including that of persons held to
service. To avoid misconstruction of what I have said, I depart from
my purpose not to speak of particular amendments so far as to say
that, holding such a provision to now be implied constitutional law, I
have no objection to its being made express and irrevocable.
The Chief Magistrate derives all his authority from the people, and
they have referred none upon him to fix terms for the separation of
the States. The people themselves can do this if also they choose, but
the Executive as such has nothing to do with it. His duty is to
administer the present Government as it came to his hands and to
transmit it unimpaired by him to his successor. Why should there not
be a patient confidence in the ultimate justice of the people? Is
there any better or equal hope in the world? In our present
differences, is either party without faith of being in the right? If
the Almighty Ruler of Nations, with His eternal truth and justice, be
on your side of the North, or on yours of the South, that truth and
that justice will surely prevail by the judgment of this great
tribunal of the American people. By the frame of the Government under
which we live this same people have wisely given their public servants
but little power for mischief, and have with equal wisdom provided for
the return of that little to their own hands at very short intervals.
While the people retain their virtue and vigilance no Administration
by any extreme of wickedness or folly can very seriously injure the
Government in the short space of four years.
My countrymen, one and all, think calmly and well upon this whole
subject. Nothing valuable can be lost by taking time. If there be an
object to hurry any of you in hot haste to a step which you would
never take deliberately, that object will be frustrated by taking
time; but no good object can be frustrated by it. Such of you as are
now dissatisfied still have the old Constitution unimpaired, and, on
the sensitive point, the laws of your own framing under it; while the
new Administration will have no immediate power, if it would, to
change either. If it were admitted that you who are dissatisfied hold
the right side in the dispute, there still is no single good reason
for precipitate action. Intelligence, patriotism, Christianity, and a
firm reliance on Him who has never yet forsaken this favored land are
still competent to adjust in the best way all our present difficulty.
In your hands, my dissatisfied fellow-countrymen, and not in mine, is
the momentous issue of civil war. The Government will not assail you.
You can have no conflict without being yourselves the aggressors. You
have no oath registered in heaven to destroy the Government, while I
shall have the most solemn one to "preserve, protect, and defend
it."
I am loath to close. We are not enemies, but friends. We must not be
enemies. Though passion may have strained, it must not break our bonds
of affection. The mystic chords of memory, stretching from every
battlefield and patriot grave to every living heart and hearthstone
all over this broad land, will yet swell the chorus of the Union, when
again touched, as surely they will be, by the better angels of our
nature.
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