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." |
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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. |
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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.
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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.
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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 causeas cheerfully to
one section as to another. |
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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.
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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 Constitutionto 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? |
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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? |
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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"? |
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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. |
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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. |
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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. |
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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 itbreak it, so to speakbut does it not require all to
lawfully rescind it? |
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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." |
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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. |
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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. |
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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. |
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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. |
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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. |
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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? |
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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? |
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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. |
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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. |
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Is there such perfect identity of interests
among the States to compose a new union as to produce harmony only and prevent renewed
secession? |
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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. |
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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. |
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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. |
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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. |
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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 can not 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 Constitutionwhich amendment, however, I have not seenhas
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. |
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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. |
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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. |
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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. |
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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. |
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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." |
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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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