Year: 1861

the nature of contract merely, can it as a con-
tract be peaceably unmade by less than all the
parties who made. One party to 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
1 find the proposition that in legal contempla-
tion the Union is perpetually confirmed by the
history of the Union ITSELF The Union is much
older than the Constitution. 1t was formed 10
fact by the Articles of Association in IVA. 1t
was matured and continued by the Declaration
of Independence in 1776. 1t was further ma
tured and the faith of all the then thirteen
States expressly plighted and engaged that it
should be perpetual by the articles of confeder-
] alton in 1778.


And finally, in 1887 one of the declared OBJ
jects for ordaining and establishing the Consti-
tuition was to form a more perfect Union, but
if destruction of the Union by one or by part
only of the States be lawfully possible, the
Union is less 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 ef-
feet are legally void /; and that acts of violence
within any State or States against the authori-
ty of the United States are insurrectionary or
! revolutionary according to circumstances.


| I therefore consider that In view of the Con


stitution and laws, the Union is unbroken, and
to the extent of my ability shall take care, as
the Constitution itself expressly eDjoins ON me,
the laws of the Union be faithfully executed in
all the States Doing this deem to be only a
simple duty on my part, and shall perform 1t SO
far as practicable unless my rightful masters the
| American people shall withhold the requisite
means or in some authoriiive manner direct the
contrary. I trust this will not be regarded as a
| 4 IF Trfn
that it will constitutionally defend and main
tain itself 10 doing this, there need be no
bloodshed or violence, and there shall be none
unless it be forced upon the National authori-
ty. The power confded to me will be used
to hold. occupy and possess the property
and places belonging to the Government,
and to collect duties and imposts, but
beyond what may be necessary for these
objects there will be no invasion, ne using Of
force against or among people anywhere. Where
hostility to the United States in any interior
lately shall be so great and so universal as to
prevent competent resident citizens from
holding federal Offices, there will be no at.
tempt to force obnoxious strangers among
the people that object while the strict
I legal right may exist in the government
to enforce the exercise of these offices the at
tempt to do SO would be so irritating and so
nearly impracticable, with all that deem it
better TO forego for 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 thatsens of perfect secu-
rity which are most favorable to calm thoughts
and reflection. The course here indicated
will be followed unless current events and ex


perieuce shall show modification or change to


be proper, and in every case and e1igency my
La,% 4 will ha aiGoA
circumstances actually existing, and with a
view and hope of a peaceful solution of the
National troubles, and the restoration of fra
ternal 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, will neither
affirm or deny; but if there be such, / need ad-
dress no word, to those, however, who really


love the Union. May l not speak before en-
teringu'pon so grave matter as the destruction


of our national fabric, all its benefits its me-


mories, and hopes would it not be wise to as


certain precisely what are due; will you hazard


so desperate step while there is any possibility


thatany 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
hy from; will you risk the commission of so
fearful mistake All profess to be content in


the Union if all constitutional rights can be


maintained Is it true then, that any right plain
ly written in the Constitution has been deniedf


think not Happily the human mind is SO con-


stituted that no party can reach to the audaclty


of doing this. Think if you can of single in


stance in which plainly written provision OF


the Constitution has ever been denied If by


the mere force of numbers majority should
deprive minority of any clearly written Con-
stitutional right 1t might, in a moral point of


view justify revolution it certainly would
if such right were vital one. But such is
not our case. All the vital rights of minori-
ties and of individuals are 30 plainly assured
to them, by afirmations and negations, guar
antees and prohibitions in the Constitution,
that controversies never arise concerning them;
but no organic law can be framed with pro.
vision specifically applicable to every ques-
ton which may occur 10 practical administra-
ton. No foresight can anticipate, nor any


document of reasonable length, contain express
provisions for all possible questions. Shall fu-
gitives from labor be surrendered by national
or State authorityY The Constitution does not


expressly say. May Congress prohibit slavery
in the territories The Constitution does not
expressly sayf 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 mi
norties. IF the minority will not acquiesce,
the majority must, or the government must


cease.


There is no other alternative for continuing
the government but acquiescence on the 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 or ruin


them, for minority of their own will secede
from them whenever 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 dis
union sentiments are now being educated to
the exact temper of doing this. Is there such
perfect identity of interests among the States
to compose new Union as to produce har-
mony only, and prevent renewed secession :
Plainly the central idea of secession is the
} essence of anarchy, a majority held in re-
; straint by constitutional checks and limita-
, tions and always changing easily with the de-
liberate changes of popular opinions and senti-


ments is the only true sovereign of free
: people. Whoever rejects it, does of necessi-
) ty fly to anarchy or to despotism. Unanimi-