Year: 1861




Gu ny those who made it for the retaining of what "
the law " WV e''e'


All members of Congress swear their sunnort to III
whole Consttuon-to this provision as much as to an
other 10 the proposition then that slaves whose case


%lhln the terms OF this clause "shall be deiivere
up, their oaths are unanimous. Now, if they woul


MAKE the effort in good temper could they not with nea
~ equal unanimty, frame and pass a law by means
"Ach to keep good that unanimous oath?


Ihere is some difference of opinion whether this claus
snoud be enforced by national by State authority
surely tat difference is not very material one If tn
save to be surrendered it be of but little cons
quence to him Others by which authority it is don


anu shouid any one in any be content that his oat
shaiI go unkept merely unsubsantia controversy
!ooo 1t shall be kept Again, in any law upon this sui
!eot; ought not all the safeguards of liberty known
.lNeu ana humane Jurisprudence to be introduced
ta free man be not in any surrendered as slave
ana might it not be well at the time to provide b


"a" oT the enforcement of that clause in the Constitu


o which guarantees that the citizens ofeach State sha
ge entitled to all privileges and mmunes OF citizens
the several States9


take the official oath to-day with no mental reserya


ons and with no purpose to construe the Constitution
laws by any hypocritcal rules. And while do no
choose now to specify particular of Congress a
proper to be enforced do suggest that it will be muc
safer for all both in official and private stations to con
form to and abide by all those which stand unre
Peaed than to violate any of them, trusting find i'm
| punity in having them held to be unconstitutional


II IS seventy-two years since the first Inauguration
| a PRESIDENT under our National Constitution Durp.
that PERIOD fifteen different and greatly distinguished
citizens have in succession administered the Executive
| Dianch OF the Government. They have conducted i
hFough many pers and generally met with great sue
cess Yet with all the scope for precedent now enter
upon the task for the brief constitutional term
four years, under great and peculiar difficulty dis
ruptlon OF the Federal Unon heretofore only menaced
| is now formidaby attempted


hold that in the contemplation of the universal law
anu the Constitution the Union of these States perpet
ua Perpetuity is implied expressed in the funda
mental law OF all national governments 1t is safe tc
assert that government proper ever had provision
| in its organization for its own termination


Continue to execute all the express provisions of our
own national Constitution and the Union will endure for
ever being impossible to destroy it, except by &C
| tlon not provided for in the instrument itself


Again, if the United States be not Government proner
nut an association of States in the the contract
merely, can it, as contract be peacefully unmade by
less than all the parties who made it? One party to
contract violate or break it. speak but does il
| not require all to lawfully resciud it?
Descending from these general principles we find
he proposition that in legal contemplation the Union
Is perpetual confirmed by the history of the Union


The Union is much older than the Constitution Itwas
formed IN fact by the articles of association in l774 1t
was matured and continued by the Declaration of Inde
pendence in l76 1t was further matured and the faith
OF all the then thirteen States expressly pghted and en-
gagged that it should be perpetual by the articles


And finally in 17S7 of the declared objects for Or
dainng and establishing the Constitution was to form


more perfect Union; but if destruction of the Union
ny one or by part only of the States be lawfully posi-
bic the Union is less perfect than before the Constitution
| having lost the vital element of perpetuity.
1t follows from these views, that no State upOn its
own mere motion, lawfully get out of the Union
that resolves and ordinances to that effect legally
States against the authority of the United States are in
surrectonary or revolutionary, according circum
| Stances


therefore consider, that in view of the Constitution
ana the laws the Union is unbroken and to the extent
OF my ability shall take care the Constitution itself
enJons upon me- that the laws of the Union be
faithfully executed in all the States Deemng this to
only simple duty on my part, shall perform it so far
as practicable, unless my righfu masters the American
people, shall withhold the requisite means or in some
authoritative manner direct the contrary
trust that this will not be regarded as a menace but
only as the declared purpose of the Union that it will
defend itSalf In doin
this there needs to be boodshed violence and there
shall be unless it be forced upon the national au
thority.


The power confded to viii be used to hold occupy
and possess property and places belong the Govern
ment and to collect the duties and mposts but beyond
what may be necessary for these objects there will be no
INVASION no using of force against among the people
anywhere.


Where hostility the United States in any interior 10
cality shall be so great and universal prevent
competent resident citizens from holding the federal
Offices, there will be no attempt to force obnoxious sran
gers among the people for that object.
While the strict legal right may exist in the Govern
ment to enforce the exercise of these Offices attempt
to do would be irritating and SO nearly impractical
bic with ALL that deem better to orego for the present
the uses of those Offices The mails unless renalIrd will
continue to be furnished in all parts of the Union.


So far possible the people everywhere shall have
that sense of perfect security which is most favorable
calm thought and reflection


The course here indicated will be followed unless current
events and experience shall show modification change
10 be proper and IN every case and eXgency my best
discretion will be exercised according to crcum
actually existing and with view and hope of peace
full solution of national troubles and the restoration of
fraternal sympathies and affections.


That there persons in section another who
seek to destroy the Union all events are glad OF
preeNt to do it, will neither affirm deny: but if
there be such need address word to them To those
however, who really love the Union may not speak


Before entering upon so grave matter as the destrpc
ton of national fabric its benefits its memo
res and its hopes woud it not be wise pre-
csely why We do it


VIII you hazard so desperate step whilst there is
possibility that any portion Of the ills you fly from
have have no real existence? viii you, while the certain
~ tn 1tprth han
tL2nDwlu Y'' risk ha commission of so fearful mis-.
All profess to be content with the Union if ali Consti
tutional rights be maintained Is then that
any right plainly written in the Constitution has been
denied. think not.


Happily the human mind constituted that no par
ty reach the audacity of doing this Think If
you can, a single instance in which pianlv wrften
provision of the Constitution has ever been denied


by the mere force of numbers majority shouId de-
priye minority nyclearly constitutional right
might in moral point of view, justify ouou Ger
tany would such right vital one. But such is
not our case All the vital rights of mnorities of
divduas plainly assured to them by afirmations
and negotiation guarantees and prohibitions on the Con-
Stuton that controversies arise concerning
them But no organic law be framed with
provision specially applicable to every which
may occur in practical administration.


No foresight anticipate nor any document of rea.
sonabe length contain express provisions possible
questions. Shall ugitives from labor be surrendered by
national State authority? The Constitution does not
expressly say. May Congress prohibit slavery in the
Ierritores2 The Constitution does not expressly say
Must Congress protect slavery in the Territories?


From questions of this class spring all Coasttu
tional controversies and divide upon them into ma
jorities and minories. If the minority will not ac
quleSe the majority must or the Government must
cease.


There is other alternative for continuing the Gov
nment but acquiscence on one side the other If
minority in such will secede rather that acquiesce
they make precedent which in turn will divide and
ruin them.


For a minority of their own will secede from them
whenever majority refuses to be controlled by such
minority. For instance why may any portion of a
confederacy year two hence arbitrarily secede
TTDiO wv
claim to secede from it, All who cherish dsunion senti
ments being educated the exact temper of do
ing this Is there such perfect identity of interest
among the States to compose Union as to pro.
duce harmony cnly, and prevent renewed secession p
Plainly the central idea of secession is the essence
anarchy.


majority held in restraint by constitutional checks
and limitations and always changing easily with delib.
crate changes of popular opinions and sentiments
only true sovereign of free people, whoever rejects
does of necessity fly anarchy to despotism IMAM
unity is impossible.


The rule of the minority as permanent arrangement
is wholly inadmssable, so that rejecting the minority
principle anarchy or despetism in form is all that is


do not forget the position assumed by some that Con-
questions are to be decided by the Supreme
Court Nor do deny that such decisions must be bind
ing in any upon the parties suit object
of that suit while they also entitled to very high
poet and consideration in all parallel 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 mi-
ted to that particular case with the chance may
be overruled and become precedent for other ca
ses better be borne than could the evils different
practice.


At the time the candid citizen must confess that
if the policy of the government upon vital questions
tectng the whole people is to be rrevocaby by the
decisions of the Supreme Court the instant that they
made in ordinary litigation between parties in personal
actions people will have ceased to be their rulers
having tothat extent practically resigned their
ment into the hands of that eminent tribunal.


Nor there in this view assault upon the Court
or the Judges 1t is duty from which they may not
shrink to decide properly brought before them
it is fault of theirs if others seek their decs
ions to political purposes.


One section of country believes that slavery is
right and ought to be extended while the other believes
that it is wrong and ought to be extended
the only substantial dispute.


The fugitive slave clause of the Constitution and
law for the suppression of the foreign slave trade
each as well enforced perhaps any law be in
community where the moral sense of the people i'm
perfectly support the law itself.


The great body of the people abide by the dry legal OBJ
legation in both cases and few break in EACH
Tis think cannot be perfectly cured and it would be
worse in both after the separation of the
than before. The foreign slave trade, imperectly
suppressed would be ultimately revived without resrc-
ton in section while fugitive slaves now only par
tally surrendered would not be surrendered at all by
the others.


Physically speaking cannot separate-we cam OF
respective sections each other nor build
any impossible wall between them. husband and
wlfe may be divorced and out of the and be-
Jond 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 amicabe or hostile
must continue between them


Is possible then that intercourse more salts
factory, after separation than beore Can aliens make
treaties easier than friends make laws Can treaties
be more faithfully enforced between aliens than laws
among friends


Suppose you 60 to war, you cannot fight always and
when after much loss both sides and gain on either
fighting the identical old questions as to the
terms of intercourse again upon you. This country
with its institutions belongs to the people, who nhab it
Whenever they shall weary of the existing Govern
men they exercise their Constitutional right of
| or overthrow it.


cannot be ignorant of the fact that many worthy and