March 4, 1861
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 his 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 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 under 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 any one 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 citizen of each
State shall be entitled to all privileges and immunities of citizens in the
several States?
I take the official oath today 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 the 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 a 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 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, cannot 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 cannot separate. We cannot 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
cannot do this. They cannot 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 cannot fight always; and when,
after much loss on both sides, an 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 conferred none upon him to fix terms for the separation of the
states. The people themselves can do this also if 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, 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 loathe 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.